John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 237: To ask the Minister for Health and Children, further to Parliamentary Question No. 305 of 20 October 2009, if she will contact the Health Service Executive to insist on a comprehensive response being issued. [5646/10]

Mary Harney (Dublin Mid West, Independent)
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My Department has made enquiries of the Health Service Executive (HSE) regarding the status of its reply to the Deputy's Parliamentary Question No. 305 of 20th October 2009 and I understand that the Executive issued a reply yesterday to the Deputy in this matter.

The Health Act 2008 allows for a surviving spouse of an over-70s medical card holder to retain their card for a period of three years, provided that the death occurred on or after 1 January 2009; the surviving spouse/partner was aged 70 or over at the time of the death; and the surviving spouse remains within the €1,400 gross weekly income limit for a couple. After three years, the surviving spouse will be assessed under the €700 single weekly gross 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 1 January 2009 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.