Joan Burton (Dublin West, Labour)
Link to this: Individually | In context

Question 631: To ask the Minister for Health and Children the situation in relation to a disability payment received by an in-patient in a care centre and relating to Health Regulations 2005 S.I. No. 276; if this disability payment goes towards the cost of the residential care; if so, the percentage of the payment left to the person; when this new arrangement came into effect; and if she will make a statement on the matter. [43835/06]

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 735: To ask the Minister for Health and Children if she has received correspondence from organisations or individuals objecting to the application of the Health Regulations 2005 (details supplied) governing the charges for in-patient services to residents of centres for people with an intellectual disability; her plans to address this issue; and if she will make a statement on the matter. [1557/07]

Liz McManus (Wicklow, Labour)
Link to this: Individually | In context

Question 840: To ask the Minister for Health and Children if, in view of the fact that Health Regulations 2005 S.I. No. 276 of 2005 allows centres with long stay in-patients who may receive disability allowance of €168.50 to deduct €120.00 which leaves a patient with only €48.50 to cover the cost of personal clothing, outings or annual holiday and so on, she will amend this regulation to exclude people with intellectual disabilities who are in long stay in-patient centres; and if she will make a statement on the matter. [2234/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
Link to this: Individually | In context

I propose to take Questions Nos. 631, 735 and 840 together.

My Department has received correspondence on aspects of the charges from a number of organisations and individuals.

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 may 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.

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.