Catherine Murphy (Kildare North, Independent)
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Question 275: To ask the Minister for Social and Family Affairs if he was consulted prior to the enactment of the Health Amendment Act 2005 as to the implications of charging persons on social welfare payments up to 80% of those payments for their time in residential care facilities; if consideration was in particular given to the impact such a charge would have on persons with intellectual or physical disabilities who have or will spend the majority of their lives in residential care; and if he will make a statement on the matter. [43365/06]

Séamus Brennan (Dublin South, Fianna Fail)
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Normal inter-departmental procedures were followed in the course of preparation of the Act in question prior to the decision of Government. The consideration of relevant issues raised in that context would be a matter for my colleague the Minister for Health and Children.

With regard to the income support arrangements for people with disabilities, the improvements made to the Disability Allowance (DA) scheme since its transfer from the Health Boards to my Department in 1996 mean that many of those who had previously been disqualified for payment under the former DPMA scheme because they were in residential care are now entitled to payment under the DA scheme. Furthermore, people who are living in community-based residences are eligible to receive DA provided the relevant Health Board is not providing funding towards their maintenance.

However, the position of people in residential care since prior to August 1999, or those who entered residential care subsequent to that date without an entitlement to DA, has been that they are disqualified from receipt of this payment solely because of their residency.

This situation was partially addressed in Budget 2005 when I introduced a new Disability Allowance (Personal Expenses Rate) to 2,700 people in residential care who qualified for this payment. This payment replaced the pocket money (spending allowances) which had previously been paid to some of these residents by the Health Services Executive but at the standardised and generally higher rate of €35 per week. The weekly levels of the pocket money allowance previously had varied between Health Service Executive areas.

As part of Budget 2007, the disqualification has been removed so that all persons in residential care will have an income maintenance payment on the same basis (in effect abolishing the disqualification and the Disability Allowance (Personal Expenses Rate)). The removal of the disqualification will ensure that persons in receipt of DA in residential care are treated in the same way as other social welfare recipients.

Arrangements are now being made to extend the payment of DA, at the rate appropriate to their means, to approximately 2,700 people in residential care. This measure will be effective from 3 January 2007 and payments will be made in accordance with the joint level service agreements in place between my Department and the service providers. The payments to the people concerned will be treated in the same way as other Disability Allowance payments and in line with the protocols of the Health Services Executive for monies paid by my Department on behalf of persons in residential care.