Pat Carey (Dublin North West, Fianna Fail)
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Question 159: To ask the Minister for Health and Children if she will amend S.I. No. 276 of 2005 in order that mentally handicapped persons who are in full-time residential care are specifically excluded from these regulations (details supplied); and if she will make a statement on the matter. [4488/07]

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 can 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 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.

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