Michael Creed (Cork North West, Fine Gael)
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Question 131: To ask the Minister for Health and Children if she considers it fair and reasonable that a person (details supplied) who has been refunded for illegal deductions arising from their accommodation in a long-stay institution under the health repayment scheme has no access to the funds refunded and neither does the person's family whilst sole access to the account is controlled by the institution that made the illegal deduction initially; if, in view of the fact that the individual involved resides with the individual's family each weekend, she will reflect on the appropriate management of this account and all other accounts in similar circumstances; and if she will make a statement on the matter. [42095/10]

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 defined in the legislation, 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 a patient's private property account, the HSE ensures that this money is used only for the benefit of the patient. All funds held in a patient's private property account are the property of that patient and are retained for the exclusive use of the patient. In the case of the individual concerned there is an agreed process in place between the care centre and the HSE to transfer funds when required for the patients' comforts. The HSE is always happy to involve interested family members in the management of each patient's finances, so as to ensure that the patient's available funds are used to best effect in providing benefit to the patient concerned.