Dinny McGinley (Donegal South West, Fine Gael)
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Question 224: To ask the Tánaiste and Minister for Health and Children the reason for the delay in the payment of the nursing home refunds; and if she will make a statement on the matter. [6508/06]

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. All those fully eligible persons who were wrongly charged and are alive and the estates of all those who were wrongly charged and have died since 9 December 1998 will have the charges repaid in full. The scheme will not allow for repayments to the estates of those who died prior to that date. The repayments will include both the actual charge paid and an amount to take account of inflation, using the consumer price index, since the time the person involved was charged.

Draft heads of a Bill for a repayment scheme were submitted to the Government in December and were approved. The draft heads have been submitted to the Office of the Parliamentary Counsel for drafting and it is my intention to have the Bill published in the current parliamentary session and to have repayments commencing shortly after the Bill is approved and signed into law.

In the preparation of the legislation there were many complex issues which required clarification. My Department had consultations with a wide range of Departments and agencies to ensure that the provisions of the scheme adequately addressed these issues. These provisions included exempting repayments to those who are alive from income tax, to allow for repayments to take account of inflation by use of the consumer price index and to allow repayments to living persons and their spouses to be disregarded in means assessment for health and social welfare benefits. Consultation with the probate office of the High Court has also resulted in a streamlined process where a grant of probate is required for an application on behalf of a deceased person. The provisions of the Bill will also provide appropriate safeguards for those who are not in a position to manage their own affairs.

There has also been extensive consultation with the oversight committee appointed to provide an independent input into the design and monitoring of the scheme. The committee is fully briefed on all aspects of the scheme and has provided valuable input into the legislative process to date.

The scheme will be designed and managed with the aim of ensuring that those who are eligible for repayments receive them as soon as possible and with the minimum possible imposition in terms of bureaucracy. Priority will be given to those who are still alive. Many of those eligible for repayments have already been identified as a result of initial payments made following my announcement in December 2004. The scheme will include an independent transparent and thorough appeals process.