Maureen O'Sullivan (Dublin Central, Independent)
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Question 140: To ask the Minister for Health if his attention has been drawn to the fact that the new regulations he issued under the Health (Changes for In-Patient Services) (Amendment) Regulations 2011 has meant a considerable increase in the weekly accommodation charge for those living in Health Service Executive hostels; and if he will make a statement on the matter. [31661/11]

James Reilly (Dublin North, Fine Gael)
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Provision of quality public long term care is expensive and it is fair and equitable that those in receipt of such care should pay towards its cost in accordance with their means. The funding derived from charges is directly applied by the HSE towards the provision of health services.

The Health (Amendment) Act 2005 and the subsequent Health (Charges for In-Patient Services) Regulations 2005 as amended by the (Health Charges for In-patient Services) (Amendment) Regulations 2011 provide the legislative basis for long stay charges. Under the legislation the maximum weekly charge cannot exceed 80% of the maximum rate of the weekly State Pension (non-contributory). The legislation provides for two different classes of person for the purpose of levying a charge:

Class 1- those receiving in-patient services on premises where 24 hour nursing care is provided currently pay charges based on income but subject to a maximum of €175 per week (the maximum weekly charge payable by those in this class prior to the revision of charges from 23 July 2011 was €153.25) and

Class 2- those receiving in-patient services on premises where 24 hour nursing care is not provided pay charges based on income but subject to a maximum of €130 per week (the maximum weekly charge payable by those in this class prior to the revision of charges from 23 July 2011 was €114.95).

The new maximum charge for Class 1 (€175.00) represents just under 80% of the weekly State Pension (non-contributory) while the new maximum rate for Class 2 (€130.00) represents almost 60%. These revisions were reasonable in light of increases in the rate of the State Pension (non-contributory) since the charges were last increased in January 2009 and were structured to ensure that those paying charges retain a minimum income for personal use i.e. at least €33 per week for those paying Class 1 rates and at least €64 per week for those paying Class 2 rates.

Section 53(4) of the Health Act 1970, as amended, provides that the HSE may reduce or waive a charge imposed on a person in order to avoid undue financial hardship to that person. To assist in the fair application of the provisions of the Act and the related Regulations, the HSE has developed national guidelines for the determination and levying of charges for in-patient services, which include the need to have regard to the income of the person, the provisions of the Regulations and the patient's individual circumstances.