Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 146: To ask the Minister for Health and Children the reason an application to the health repayment scheme is deemed null and void when the elderly person in question passes away; the way the scheme will overcome this issue after 31 December 2007 when no new applications will be received; and if she will make a statement on the matter. [28098/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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In instances where the Health Service Executive (HSE) submits an application on behalf of a patient in its care and the patient subsequently passes away prior to a repayment being made, the application is discontinued. A further application is then submitted on behalf of the estate of the deceased person. This application identifies the person to whom the repayment should be made and also enables the amount of repayment offered to be appealed if the applicant wishes.

My Department is in consultation with the Attorney General's office regarding the making of regulations under Section 20 of the Health (Repayment Scheme) Act 2006 which will allow the personal representative to continue an application in their own name if the relevant person dies prior to a repayment being made. These regulations will allow the personal representative to continue with the original application and will not require a new application to be submitted after the closing date for the scheme.