Seán Barrett (Dún Laoghaire, Fine Gael)
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Question 38: To ask the Minister for Health and Children if account will be taken of the special circumstances of widowed persons over 70 years old, whose automatic entitlement to a medical card has been removed due to their assessment as single persons, and whose housing overheads and living expenses are virtually undiminished; and if she will make a statement on the matter. [14971/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Health Act 2008 allows for a surviving spouse of an over 70 medical card holder to retain their card for a period of 3 years provided that:

• the death occurred on or after 1st January 2009;

• the surviving spouse/partner was aged 70 or over at the time of the death;

• the surviving spouse remains within the €1,400 weekly income limit for a couple.

After 3 years, the surviving spouse will be assessed under the €700 single weekly income limit.

I moved an amendment during the legislation's passage through the Houses of the Oireachtas to ensure that a person aged 70 or over would not lose his/her medical card as an immediate consequence of the death of a spouse.

My Department examined the options available to ensure that the trauma is minimised for an elderly person whose spouse dies. I am satisfied that the provision in the legislation offers the best solution from a non-discrimination point of view.

A surviving spouse aged 70 or over, who no longer qualifies for a medical card after 1st January may apply to the HSE for a card under the existing net income thresholds, which take account of medical, nursing and other relevant expenses.

The HSE may also issue a medical card on a discretionary basis if the person would otherwise be caused undue hardship in providing general medical and surgical services for themselves and any dependants. Such persons are encouraged to apply to the HSE for a discretionary card.