David Stanton (Cork East, Fine Gael)
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Question 41: To ask the Minister for Health and Children if, in relation to the payment of funds into patient private property accounts under the provisions of the Health (Repayment Scheme) Act 2006, consideration was given to notifying family members, in particular parents, of persons who were deemed to not have adequate mental capacity; if same were in fact notified, regarding their right to apply to the judge of the Circuit Court to have the payment made elsewhere; and if she will make a statement on the matter. [6862/10]

Mary Harney (Dublin Mid West, Independent)
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Under the Health (Repayment Scheme) Act 2006, a relevant person or a connected person as defined in the Act was entitled to apply for a repayment under the scheme. A relevant person is a person who was charged and paid recoverable health charges. A connected person includes the following: (a) a person who has been nominated in writing by the relevant person (b) the Registrar of Wards of Court if the relevant person is a ward of court, (c) a person with an enduring power of attorney in respect of the relevant person, (d) a next friend appointed by a court, (e) the HSE if none of the aforementioned is applicable to the relevant person, and the relevant person is unable to make an application due to a physical or mental disability or ill-health, (f) a living spouse or living child of the relevant person who has paid recoverable health charges on behalf of the relevant person.

In regard to patients in the care of the HSE who were deemed by a medical practitioner not to have sufficient mental capacity to understand the scheme and for whom there was no other connected person as mentioned earlier, the HSE made application to the Scheme Administrator for a repayment on their behalf. As provided for in the legislation, all such payments made in respect of HSE applications were lodged to the patient's own private property account. The legislation also provides that an application may be made to a judge of the Circuit Court for the repayment to be made otherwise than to the patient's private property account. Where monies have been lodged to the patient's private property account the HSE ensures that this money is used only for the benefit of the patient. Where monies are required for the benefit of the patient, contact should be made with the relevant care centre for access to the funds.

During the lifetime of the scheme, it was the HSE's policy to advise and discuss with family members, claims that were made by the HSE on behalf of the patient. In addition, Section 9(2) of the Health (Repayment Scheme) Act 2006 provides that the account holder or a next friend appointed by a court may direct the HSE (a) not to invest money held in the account on behalf of the account holder and (b) not to use money in the account for the patient's benefit.