Brendan Howlin (Wexford, Labour)
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Question 143: To ask the Minister for Health and Children if in relation to charges levied on people in receipt of in-patient services on premises where nursing care is provided on a 24 hour basis on those premises, the charges will be varied to take account of regular weekends and holidays spent by the patient in the family home or if the full charge of €120 is to be levied irrespective of time spent at home; and if she will make a statement on the matter. [8187/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Health (Charges for In-Patient Services) Regulations 2005 have provided for two different classes of persons on whom charges may be levied. These regulations were signed by the Minister for Finance and the Minister for Health and Children on 14 January 2005.

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. Charges are calculated using a standardised process, the details of which are available in the HSE's Long Stay National Guidelines. A number of exemptions exist under section 4(b) (3) of the Health Amendment Act 2005 and section 4(b) (4) allows for the reduction or waivering of a charge if it is necessary to so do to avoid undue financial hardship. The Guidelines also outline a number of allowable expenses.

In addition the HSE National Long Stay Guidelines state that "if the person is an in-patient for five out of seven days then the charge should be made pro-rata". Therefore if a person leaves the Long Stay Unit the charges for a short period of time such as to return home for a week-end, are reduced on a pro rata basis.

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.