Paul Kehoe (Wexford, Fine Gael)
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Question 115: To ask the Minister for Health and Children if she will amend current legislation regarding the introduction of long stay charges in order that people living in centres for people with intellectual disabilities in receipt of a personnel allowance will be excluded, when it may cost more to administer the collection than is taken in income; and if she will make a statement on the matter. [2662/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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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

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 may 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 may 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.

There is no differentiation made between any groups in these two classes.

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. There are currently no plans to amend the Act.

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.