Liam Twomey (Wexford, Fine Gael)
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Question 486: To ask the Minister for Health and Children if she will carry out an evaluation on the impact of levying long stay charges on those suffering from physical or intellectual disabilities whose care is now funded through their social welfare payments; and if she will make a statement on the matter. [10341/07]

Liam Twomey (Wexford, Fine Gael)
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Question 487: To ask the Minister for Health and Children her views in respect of long stay charges levied on those suffering from physical or intellectual disabilities on whether it is fair that this charge is levied on individuals who may never have had the capacity to earn income; and if she will make a statement on the matter. [10342/07]

Liam Twomey (Wexford, Fine Gael)
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Question 488: To ask the Minister for Health and Children the way she will collect retrospective charges in respect of long stay charges levied on those suffering from physical or intellectual disabilities; and if she will make a statement on the matter. [10343/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 486 to 488, inclusive, together.

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 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 issued revised guidelines for the implementation of the charges in July 2006. No further distinctions are made in terms of the classes of persons to which charges apply, and I do not have plans to introduce any.

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.

I welcome the decision by my colleague, the Minister for Social and Family Affairs, to grant the full disability allowance to all persons in institutional residential care who prior to that were not eligible for this allowance. The net impact of granting the full disability allowance, in the context of long stay charges, is that the individuals will continue to receive the same level of service as before but will have increased income which they will be able to retain for their personal use.