Seán Haughey (Dublin North Central, Fianna Fail)
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Question 225: To ask the Tánaiste and Minister for Health and Children the reason 10 December 1998 was selected as the cut off point for claims for refunds arising out of illegal charges collected from nursing home residents; if she will review this date; and if she will make a statement on the matter. [31520/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Government has agreed the key elements of a scheme for the repayment of long stay charges for publicly funded residential care. On the basis of advice from the office of the Attorney General, my Department instructed the former health boards to immediately cease charging all fully eligible persons in receipt of in-patient services in publicly funded long stay institutions with effect from 9 December 2004.

The decision to limit repayments to the estates of those who died in the past six years reflects the reference in the Supreme Court judgment to the Statute of Limitations, "the State has available to it a defence of the Statue of Limitations, i.e. a 6 year limit". The Government has had regard to what the Supreme Court said about the Statute of Limitations in order to limit the scale of total repayments which today's taxpayer must fund and I am satisfied the scheme strikes a fair balance. The date 10 December 1998 is six years prior to 9 December 2004.