Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 232: To ask the Tánaiste and Minister for Health and Children the reason the Health Service Executive has not instructed the health boards to reverse the punitive rise in charges for users of Cara Cheshire Home in Dublin's Phoenix Park, from €165 to €389 a month effective from August 2005. [35235/05]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 233: To ask the Tánaiste and Minister for Health and Children the justification for penalising some of the most vulnerable in society, namely, the users of the Cara Cheshire Home in Dublin's Phoenix Park by increasing the fees they must pay from €165 to €389 a month effective from August 2005. [35236/05]

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 234: To ask the Tánaiste and Minister for Health and Children the steps which are being taken to remove the charges faced by the users of the Cara Cheshire Home in Dublin's Phoenix Park to help them in their preparation to lead independent lives in the future in view of the passage of the Disability Act 2005. [35237/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 232 to 234, inclusive, together.

The charging for long-stay care under the Health (Amendment) Act 2005 is being implemented by way of the Health (Charges for In-Patient Services) Regulations 2005. These regulations were signed on 14 June 2005 and reinstated charges for inpatient services. The regulations were prepared following extensive consultation with the Health Service Executive and others.

The regulations provide for the levying of a charge in respect of the maintenance of persons in receipt of inpatient services. Section 51 of the Health Act 1970 defines inpatient services as meaning "institutional services provided for persons while maintained in a hospital, convalescent home or home for persons suffering from physical or mental disability or in accommodation ancillary thereto".

Section 53 of the Health Act 1970, as amended by the Health (Amendment) Act 2005, provides, inter alia, for the levying of a charge where inpatient services have been provided for a period of not less than 30 days or for periods aggregating not less than 30 days within the previous 12 months. The regulations, in keeping with section 53 of the Health Act 1970, as amended, have provided for two different classes of persons on whom charges can be levied.

Class 1 refers to people in receipt of inpatient services on premises where nursing care is provided on a 24-hour basis on those premises. In this case, a weekly charge can be levied of €120 or the weekly income of that person less €35, whichever is the lesser. Class 2 refers to people in receipt of inpatient services on premises where nursing care is not provided on a 24-hour basis on those premises. In this situation, a weekly charge can be levied of €90, or the weekly income of that person less €55 or 60% of the weekly income of that person, whichever is the lesser.

These regulations provide for the maximum charge to be levied on either class of person. Under the regulations, only the Health Service Executive has the power to levy a charge. The executive has the power to reduce or waive a charge on the grounds of "undue hardship". Under section 1(b) of the Health (Amendment) Act 2005, the Health Service Executive can examine a person's overall financial situation in view of the person's reasonable expenditure on themselves or their dependants, if any. It is a matter for the Health Service Executive, based on its own legal advice and taking into account the individual circumstances as well as the service being provided, to make a decision on charges levied.

On the specific issues raised by the Deputy, the management and delivery of health and personal social services are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.