John Cregan (Limerick West, Fianna Fail)
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Question 121: To ask the Minister for Health and Children the situation in relation to new rules regarding €100 a week approximately being taken from clients on disability allowance who are long-stay patients or clients in residential homes for persons with intellectual disability; if this deduction was not always done in such homes as with elderly in nursing homes; and if she will make a statement on the matter. [18361/07]

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 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.

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.

As you are aware, 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.