John Cregan (Limerick West, Fianna Fail)
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Question 122: To ask the Minister for Health and Children the situation in relation to charges being levied on pensioners' medical cards when they spend a few months in respite care; if the matter of charging respite beds of a few months duration can be clarified; if the Health Service Executive will be informed not to charge such short term stays if the establishment is deemed to be an acute hospital or a long-term facility; and if she will make a statement on the matter. [18362/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Section 53 of the Health Act, 1970, (as amended by the Health (Amendment) Act, 2005) provides, inter alia, for the levying of a charge where in-patient services have been provided for a period of not less than 30 days or for periods aggregating not less than 30 days within the previous 12 months. 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.

With effect from 14th July 2005, charges may be levied on persons who are in receipt of in-patient services in premises where nursing care is provided on a 24 hours basis, and in premises where nursing care is not provided on a 24 hour basis. The regulations provide for a different level of charge in respect of each class as follows. 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 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.