Richard Bruton (Dublin North Central, Fine Gael)
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Question 216: To ask the Minister for Health and Children her views on the long-term charges that are appropriate for persons with a disability who are in long-term care, bearing in mind that the charges in these cases were recently increased by more than 25%; and if she will clarify that she does not intend applying rules similar to persons in long-term nursing home care to such clients. [17479/09]

Róisín Shortall (Dublin North West, Labour)
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Question 285: To ask the Minister for Health and Children the position in relation to persons with an intellectual disability who are in residential care and the contributions which they are required to make towards their care; the manner in which this contribution is set; the statutory basis for same; and if she will make a statement on the matter. [18096/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 216 and 285 together.

The Health (Amendment) Act 2005 and the subsequent Health (Charges for In-Patient Services) Regulations 2005 and the (Health Charges for In-patient Services) (Amendment) Regulations 2008 provide the legislative basis for the imposition of long stay charges. The legislation provides for two different classes of person for the purpose of levying a charge. Class 1 refers to persons in receipt of in-patient services on premises where nursing care is provided on a 24 hour basis on those premises. Class 2 refers to persons in receipt of in-patient services where nursing care is not provided on a 24 hour basis on those premises.

The Health (Charges for In-Patient Services) (Amendment) Regulations, 2008 amend the 2005 regulations and provide for the first increase in the level of long stay charges payable since 2005. The following revised level of charges will apply. In the case of Class 1 a weekly charge of €153.25 or the weekly income of that person less €44.70, whichever is the lesser. In the case of Class 2 a weekly charge of €114.95 or the weekly income of that person less €70.25 or 60% of the weekly income of that person, whichever is the lesser. The actual charge levied will vary from person to person depending on individual circumstances and under the legislation the Health Service Executive can waive or reduce the charges to avoid undue financial hardship.

The increase in the level of long stay charge levied is directly linked to recent increases in social welfare entitlements. The new weekly charge for Class 1 of €153.25 represents an increase of €33.25 or 27.7% on the 2005 charges and the new weekly charge for Class 2 of €114.95 represents an increase of €24.95 or 27.7% on the 2005 charges. In the corresponding period from 2005 to 2009 the rate of Disability Allowance payable has increased by €55.50 or 37.7%. The rate of Disability Allowance has increased from €148.80 in 2005 to €204.30 in 2009.