Paudge Connolly (Cavan-Monaghan, Independent)
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Question 175: To ask the Minister for Health and Children if in the case of a married couple, the assessment of a spouse's income in the determination of the weekly charge for in-patient services is compatible with the recent legislation which specifies that charges can only be imposed on patients receiving services; and if she will make a statement on the matter. [33763/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Charges for in-patient services are levied under:

1. Section 53(2)(a) of the Health Act 1970 as amended by the Health (Amendment) Act 2005.

2. Health (Charges for In-Patient Services) Regulations 2005 [S.I. No. 276 of 2005]

Section 53(2)(a) of the Health Act 1970 as amended by the Health (Amendment) Act 2005 provides that the Minister for Health and Children 'shall, with the consent of the Minister for Finance, make regulations providing for the imposition of charges for in-patient services in specified circumstances on persons to whom the in-patient services are provided or on specified classes of such persons' and Section 53(2)(b) allows for the Minister's 'specifying the amounts of the charges or the limits to the amounts of the charges to be made'.

The regulations specify the maximum charge which may be levied on either class of person. However, Section 53(4) of the Health Act, 1970, as amended, provides that the HSE may reduce or waive a charge imposed on a person in order to avoid undue financial hardship to that person.

The legislation and the regulations do not allow for the assessment of a spouse's income for determination of the weekly charge. The HSE National Guidelines on Long Stay Charges provide that in the case of a married couple only the income which can be attributed to the person to whom the services are provided should be assessed, and in cases where no income can be attributed to that person no charge should be levied.