James Reilly (Dublin North, Fine Gael)
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Question 70: To ask the Minister for Health and Children the legal position and her policy on demands by care institutions in the State that residents or clients hand over their social welfare books or pension books to these institutions; and if she will make a statement on the matter. [19483/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Health (Amendment) Act 2005 provides the legislative basis for the imposition of charges on residents of Health Service Executive long stay care. When residents are admitted to Health Service Executive long stay care, the resident and/or their family are informed that a charge will apply and they are advised of the different payment methods that are available to assist in paying the charge. The payment options include:-

(a) Payment can be made on foot of an invoice issued to the resident or their personal representative.

or

(b) The resident's pension/social welfare entitlement may be submitted to the care unit, where the resident or their family arranges with the Department of Social & Family Affairs for the Health Service Executive to become the agent of the pension/social welfare entitlement. The Health Service Executive then makes deductions from the pension/social welfare entitlement for long stay charges with the remaining balance either lodged to the resident's own private property account or returned to them in cash, depending on the wishes of the resident/personal representatives.

Residents of the Health Service Executive care units are not obliged to hand over their social welfare or pension books to the institution. It is at the discretion of the resident and/or their personal representative to choose which payment method is the preferred option.