Catherine Murphy (Kildare North, Independent)
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Question 288: To ask the Minister for Health and Children the changes made to the medical card system for persons with a physical and intellectual disability living in community residences where a nurse is employed allowing medical card recipients to be charged for their care; and if she will make a statement on the matter. [41495/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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There were no changes made to the medical card system for persons with a physical and intellectual disability in long stay care which includes community residences where nurses are employed.

The management and delivery of health and personal social services are the responsibility of the HSE under the Health Act 2004. It is a matter for the HSE, 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.

I take it the question refers to charges for persons with a physical and intellectual disability in long stay care which includes community residences where nurses are employed.

The Health (Charges for In-Patient Services) Regulations 2005 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 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 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 a person in either class. 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.

Catherine Murphy (Kildare North, Independent)
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Question 289: To ask the Minister for Health and Children the advice she was provided with by the expert group formed following the enactment of the Health Act 2005 in relation to charging fees to persons with physical and intellectual disabilities living in community residences; and if she will make a statement on the matter. [41496/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Expert Group referred to in the question is a HSE Group which produced the Long Stay Charges National Guidelines. The HSE implement the charges in accordance with these guidelines.

The management and delivery of health and personal social services are the responsibility of the HSE under the Health Act 2004. It is a matter for the HSE, 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 Health (Charges for In-Patient Services) Regulations 2005 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 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 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.

Catherine Murphy (Kildare North, Independent)
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Question 290: To ask the Minister for Health and Children if the annual allocation to community residences will be reduced as a consequence of charges collected from persons with a physical or intellectual disability who will be levied with charges by the Health Service Executive; if the cost of administration will be provided for by the HSE; and if she will make a statement on the matter. [41497/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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As the Deputy may be aware, the Health (Charges for In-Patient Services) Regulations 2005 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. This includes people with disabilities in long-stay and other institutions.

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 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 specific question 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, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.