Michael D Higgins (Galway West, Labour)
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Question 311: To ask the Minister for Health and Children her views on an amendment to Statutory Instrument No. 276 of 2005 and Section 53(2) A of the Health Act 1970, as amended by the Health (Amendment) Act 2005, in order to ensure that back payments will not be sought for a nursing contribution from those parents, such as the parents of autistic children, in long stay institutions, and other institutions. [12523/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Health (Charges for In-Patient Services) Regulations 2005 came into force on 14th July 2005 and provide for two different classes of persons on whom charges may be levied. 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.

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. The HSE when assessing charges takes into account only that income attributable solely to the person in care. The Health (Amendment) Act 2005 and the Health (Charges for In-Patient Services) Regulations 2005 enabled the HSE to recommence the raising of charges for long stay in-patient services with effect from the 14th July 2005. The HSE established an Expert Group to develop a set of national guidelines to deal with the provisions of the legislation.

The national guidelines support a standardised approach to the implementation of Health (Charges for In-Patient) Regulations 2005 and take account of the persons residing in community residences. The guidelines have been implemented with effect from 1st August 2006, retrospective to 14th July 2005 where charges had not been raised while awaiting finalisation of the guidelines. Clients in community residences were informed in July 2005 that they might be liable for charges under the new regulations.

In regard to retrospection, charges were to be raised with effect from the 1st August 2006 based on the financial assessment for each of the clients. Arrears of charges due from 14th July 2005 were to be calculated and advised to the client. The clients were to be given the following options:

1. Pay the arrears in full or in instalments

2. Deduct the arrears from any monies due under the repayment scheme where applicable.

A National Working Group on Rents and Charges in HSE Mental Health Services was established in December 2006. The purpose of this Working Group is to develop and recommend a process for the collection of rents and charges in accordance with the statutory provisions outlined in Section 53 (2) (a) of the Health Act 1970 as amended by the Health (Amendment) Act 2005, Health (Charges for In-Patient Services) Regulations 2005 S.I No 276 of 2005. This process will be specific to mental health services, will safeguard both the individual and the staff member and will comply with financial probity and HSE governance requirements. To date the National Working Group on Rents & Charges has met on four occasions and I understand a draft report with specific recommendations will be presented in the near future.

In relation to children, the Deputy may wish to note that, under Section 4 (b) of the Health (Amendment) Act, 2005, charges are not payable where the in-patient services concerned are provided to a person under 18 years of age.