Jan O'Sullivan (Limerick East, Labour)
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Question 123: To ask the Minister for Health and Children if it is an offence for anyone over 70 years with gross income over €700 single or €1400 couple to retain their medical card; if so, the way they can make a case for keeping the card on medical or hardship grounds if they are only marginally over the limit; and if she will make a statement on the matter. [14645/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Under the new arrangements effected by the Health Act 2008, a much simplified system of assessment for eligibility was introduced in respect of persons aged 70 and over, based on gross income rather than net income, as applies otherwise for means-testing of eligibility for medical cards.

The simplified approach taken for persons aged 70 and over who held a medical card prior to 31st December 2008 is close to a self-assessment system. In introducing the measures, I emphasised my belief in the honesty and integrity of the vast majority of older persons in our society.

Long-standing provisions of the Health Act 1970, as amended, continue to apply. For instance, under Section 49 (1) there is a requirement for a person to notify the HSE of any change in his/her circumstances which would render him/her ineligible for services. In addition, under Section 50, when a person has obtained a service and it is later ascertained that he/she was not entitled to the service, the HSE may charge the individual for any services provided to him/her for the period for which he/she had no entitlement. Failure to notify the HSE or the use of a service one is not entitled to is an offence on summary conviction.

Where a person aged 70 or over does not qualify for a medical card by virtue of their gross income being over the specified thresholds, he/she may apply to the HSE for a medical card or GP visit card under the existing net income thresholds, which allow for medical, nursing and other relevant expenses to be taken into account (The net weekly income thresholds for a medical card are €201.50 (single person) and €298 (couple) and for a GP visit card are €302 (single person) and €447 (couple).

Notwithstanding the above, the HSE may issue a medical card on a discretionary basis, if the applicant would otherwise be caused undue hardship in providing general medical and surgical services for himself/herself and any dependants.

Persons who are in any way confused by the new scheme are encouraged to seek advice from their local health office which will continue to provide any necessary support, and which along with the HSE National Helpline (1850 24 1850), will handle enquiries from clients in respect of their medical card entitlements.