Jack Wall (Kildare South, Labour)
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Question 160: To ask the Tánaiste and Minister for Health and Children if a directive as Department policy will be given to the Health Service Executive exempting a persons home from inclusion as part of the income assessment for the means test associated with nursing home subvention payments as is the case in all other various means tested payments for all other relative Departments; and if she will make a statement on the matter. [12435/06]

Seán Power (Kildare South, Fianna Fail)
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The Health (Nursing Homes) Act 1990 and the Nursing Homes Regulations 1993 provide for the payment of subvention for private nursing home care for applicants who qualify on both medical and means grounds. General rules for the assessment of means in respect of an application for nursing home subvention are set out in the Second Schedule of the Nursing Homes Regulations 1993, as amended by the 2005 regulations. Under the regulations the Health Service Executive, when considering an application for subvention, carries out a means test which takes into account the means of the applicant and his or her spouse or cohabiting partner, where appropriate, and the assets of the applicant.

The HSE imputes an income of 5% of the estimated market value of the principal residence of an applicant for subvention, unless the residence is occupied by a spouse, or son or daughter aged less than 21 or in full time education or in receipt of the disabled person's maintenance allowance, blind person's pension, disability benefit, invalidity pension or old age non-contributory pension, and generally does so unless there are exceptional circumstances.

Under the Nursing Homes (Subvention) (Amendment) Regulations 2005, SI 814 of 2005, the HSE may refuse to pay a subvention if the value of the applicant's principal residence is €500,000 or more, where the residence is located in the Dublin area, or €300,000 or more, where the residence is located outside the Dublin area, and the residence is not occupied by a spouse, a son or daughter aged less than 21 or in full time education or a relative in receipt of a social welfare pension or allowance.

The recently published Health (Nursing Homes) (Amendment) Bill 2006 is designed to ensure that the existing subvention scheme for private nursing home care is grounded in primary legislation and to help the HSE to implement the scheme on a standardised basis across the country. It includes a provision to vary the 5% income imputation. I will be considering the issue of housing assets and long-term residential care following the enactment of this Bill and in the light of the report of the long-term care working group.