Willie Penrose (Longford-Westmeath, Labour)
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Question 486: To ask the Minister for Health and Children if she will outline, in the context of nursing home subvention and the fair deal legislation, the position where a person who sustains serious personal injuries that render such a person permanently incapacitated so as to require ongoing and permanent accommodation in a nursing home as to whether or not the relevant Health Service Executive would be satisfied to confine a claim for future accommodation to the percentage recovered without recourse to personal assets or to any general damages so recovered; and if she will make a statement on the matter. [1885/09]

Willie Penrose (Longford-Westmeath, Labour)
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Question 487: To ask the Minister for Health and Children the way in the context of the fair deal legislation, a person who is permanently confined to a nursing home as a result of an accident which leaves the person permanently incapacitated, will have any damages arising from such an accident treated in the context of an assessment or otherwise for the subvention payable as part of the maintenance payment to a nursing home; if there may be a liability arising in such circumstances for retrospective charges already paid by the Health Service Executive in the event of a recovery of damages, regardless of whether they were included as part of the claim; and if she will make a statement on the matter. [1886/09]

Máire Hoctor (Tipperary North, Fianna Fail)
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I propose to take Questions Nos. 486 and 487 together.

Under the Nursing Homes Support Scheme, a fair deal, individuals who require long-term residential care will contribute a maximum of 80% of their net assessable income whether for public or private nursing home care. In calculating an individual's net assessable income, it is proposed that account can be taken of specified items of expenditure. Depending on the amount of a person's assessable income, there may also be a contribution of up to 5% of a person's assets in excess of the asset disregard per annum. The asset disregard is €36,000 for an individual or €72,000 for a couple. Assets will include both cash and non-cash assets. If a person had received damages in the form of a cash settlement, it would be taken into account in this context.

The State will meet the balance of cost thereafter in public or private nursing homes and an individual's family and/or friends will not have to contribute towards the cost of their care. An individual can choose any nursing home subject to a) its ability to meet their care needs and b) availability. Contributions based on Irish land-based assets may be deferred for the duration of a person's lifetime and repaid from their estate. If an individual opts to defer this portion of the contribution, the Revenue Commissioners will collect it upon settlement of their estate. However, this deferred contribution element of the scheme is voluntary. Individuals may choose to pay as they go in which case no money would be repayable from their estate.

Where the contribution is based on the principal private residence, it will be capped at a maximum of 15%, or 7.5% in the case of one spouse going into long-term residential care while the other remains in the home. This means that after three years in care, an individual will not be liable for any further deferred contribution based on the principal residence. Where a spouse or certain dependants are living in the principal residence, the contribution may be further deferred until after the death of that spouse or dependant, or until such time as a person previously qualifying as a dependant ceases to qualify as such.

The financial assessment will only take account of a person's assets at the time of the assessment. However, as with the existing subvention scheme, individual cases will be reviewed on a regular basis and the level of State support adjusted accordingly if necessary. The Bill provides for a person to apply for a review of their case should their circumstances change, e.g. should they be awarded a settlement. The Bill only provides for the HSE to recoup money advanced in the form of State support if it was obtained on the basis of a non-disclosure or a misstatement during the financial assessment. Finally, the new scheme will not be limited to persons over the age of 65. Any person who enters long-term residential care in a nursing home will be able to apply to avail of the scheme.