Emmet Stagg (Kildare North, Labour)
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Question 398: To ask the Minister for Health and Children if, in view of the serious concerns raised by family members of persons with physical or intellectual disability in relation to the application of S.I No. 276 of 2005 Health (Charges for in-Patient Services) Regulations 2005, she will direct the Health Service Executive to suspend the direction issued in relation to the application of the S.I. with a view to entering discussions with service providers and parents groups on arriving at a more equitable application under the Health Act 2005. [5237/07]

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. It is not my intention to issue any instruction to the HSE in this matter.