Jim O'Keeffe (Cork South West, Fine Gael)
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Question 157: To ask the Minister for Health and Children if refunds under the health repayment scheme arise in relation to disabled persons maintenance allowances being taken by residential institutions in respect of disabled people in their charge at the time; and if she will make a statement on the matter. [42968/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Health (Repayment Scheme) Act 2006 came into effect on 30 June 2006 and provides a clear legal framework to repay recoverable health charges for publicly funded long term residential care. All those fully eligible persons who were wrongly charged for publicly funded long term residential care who are alive and the estates of those wrongly charged and who have died since 9 December 1998 will have the charges repaid in full together with an amount to take account of inflation. The scheme covers those in contracted beds in private nursing homes and patients in receipt of in-patient services in community based facilities.

Recoverable health charges are charges which were imposed on persons with full eligibility under the Health (Charges for In-patient Services) Regulations 1976 as amended in 1987 or charges for in-patient services only, raised under the Institutional Assistance Regulations 1954 as amended in 1965. It is only these charges which will be the subject of repayment under the scheme. Any other charges not covered by the Supreme Court decision of 16 February 2005 will not be repaid.