Pat Breen (Clare, Fine Gael)
Link to this: Individually | In context

Question 409: To ask the Tánaiste and Minister for Health and Children the provision which is available to waive or otherwise dispose of maintenance fees of €748, €136 and €557 for a person (details supplied) in County Clare; and if she will make a statement on the matter. [1738/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
Link to this: Individually | In context

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, which were signed on 14 June 2005, reinstated charges for inpatient services and provided for the levying of a charge in respect of the maintenance of persons in receipt of inpatient services. The regulations were prepared following extensive consultation with the HSE and others.

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. In this regard, charging of patients in long-term care commenced on 14 July 2005, which was after the expiration of 30 days after the regulations were signed.

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 one refers to people in receipt of inpatient services on premises where nursing care is provided on a 24-hour basis. 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 two refers to people in receipt of inpatient services on premises where nursing care is not provided on a 24-hour basis. 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. The HSE 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 HSE can examine a person's overall financial situation in view of the person's reasonable expenditure on themselves or their dependants, if any. The management and delivery of health and personal social services are the responsibility of the HSE under the Health Act 2004. It is a matter for the HSE, 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 any charges levied.

The Deputy's question refers to a specific case that involves the management and delivery of health and personal social services, which 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 a reply issued directly to the Deputy on this case.