Finian McGrath (Dublin North Central, Independent)
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Question 302: To ask the Minister for Health and Children if there are charges for services for people with an intellectual disability (details supplied); and if she will clarify the matter. [36395/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I take it the question refers to the charging of people with intellectual disabilities in long stay care.

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 in-patient services and provided for the levying of a charge in respect of the maintenance of persons in receipt of in-patient 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 in-patient 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

Class 1 refers to people in receipt of in-patient 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

Class 2 refers to people in receipt of in-patient 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 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 in relation to themselves or their dependants, if any.

The Deputy's question relates to a specific case that involves the management and delivery of health and personal social services and 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 in relation to this case.