Finian McGrath (Dublin North Central, Independent)
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Question 240: To ask the Tánaiste and Minister for Health and Children if assistance will be given to a person, details supplied, in Dublin 9; and if she will work with them on this matter. [4979/06]

Finian McGrath (Dublin North Central, Independent)
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Question 241: To ask the Tánaiste and Minister for Health and Children the criterion for a person going into a private or a public nursing home, the subvention and costs; and if advice will be given to a person, details supplied. [4980/06]

Seán Power (Kildare South, Fianna Fail)
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I propose to take Questions Nos. 240 and 241 together.

The cost of care in a private nursing home is a private matter between the nursing home operators and the patient involved. The nursing home subvention scheme was introduced in 1993 to give some financial assistance towards the cost of private nursing home care. It was never intended that the scheme would subsidise the full costs of private nursing home care. As the applicant for subvention would be subject to a means assessment, the results would vary from person to person. As a result, the costs of private nursing homes will differ from place to place and it would not be possible, therefore, to say what the exact costs of private care would be for any individual.

In respect of costs in a public nursing home, 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 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. The Health Service 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 with regard to themselves or their dependants, if any.

The management and delivery of health and personal social services are the responsibility of the Health Service Executive under the Health Act 2004. It is a matter for the 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 any charges levied.

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 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 Health Service Executive and others.

The circumstances of an individual relates to 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, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to reply directly to the Deputy.