Finian McGrath (Dublin North Central, Independent)
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Question 108: To ask the Minister for Health and Children if a person must be a medical card holder in order to avail of repayments under the Health (Repayment Scheme) Act 2006 in view of the fact that the legislation as passed does not state that this is a requirement. [10575/09]

Finian McGrath (Dublin North Central, Independent)
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Question 109: To ask the Minister for Health and Children if the estate of a deceased person is applying for a repayment under the Health (Repayment Scheme) Act 2006 and the deceased person occupied a public bed in a public nursing home, this gives an automatic entitlement to a repayment under the Act. [10576/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 108 and 109 together.

The Health (Repayment Scheme) Act 2006 provides the framework for the repayment of recoverable health charges to those who were incorrectly charged for publicly funded long stay care. The Act only provides for prescribed repayments to be made in respect of recoverable health charges. Recoverable health charges are charges for in-patient services, imposed on persons with full eligibility, under the Health (Charges for In-Patient Services) Regulations 1976, as amended, and the Institutional Assistance Regulations 1954. For the purpose of the Scheme both medical card holders and those entitled to medical cards are deemed to be persons with full eligibility.

The estates of all those fully eligible persons who were incorrectly charged and who died since 9 December 1998 are eligible for repayment under the scheme provided a valid application form was submitted prior to the closing date.