Mattie McGrath (Tipperary South, Independent)
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Question 199: To ask the Minister for Health his views on the fact that a medical card was issued to a person who subsequently cancelled their health insurance and who one month later received a general practitioner's visit card and was informed that their medical card was no longer valid; his views that this person has a legitimate expectation that their medical card would be valid for at least one year as the expiry date was 31 May 2013 and it was reasonable for them to cancel their health insurance following receipt of their medical card; his further views that this card should be honoured until the expiry date in view of the fact that this person would have a very strong case on the grounds of legitimate expectation; and if he will make a statement on the matter. [11801/12]

Róisín Shortall (Dublin North West, Labour)
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Under the provisions of the Health Act 1970 medical cards are provided to persons who, in the opinion of the HSE, are unable without undue hardship to arrange GP services for themselves and their dependants. The assessment for a medical card is therefore determined primarily by reference to the means, including the income and expenditure, of the applicant and his or her partner and dependants. There is a provision for discretion by the HSE to grant a card in cases of "undue hardship" where the income guidelines are exceeded.

Arising from the legislation, there is naturally an obligation on the HSE to ensure that it is operating within the legal framework set out by the Oireachtas. Therefore, the HSE must ensure that finite public resources are directed to the people that qualify under the legislation. This necessitates the HSE assessing applicants to see if they qualify for schemes such as the medical card and reviewing their status at regular intervals to ensure that the correct entitlements are in place.

If an individual is not satisfied with a decision made by the HSE concerning an entitlement to a medical card or GP visit card, a person has a right of appeal to the HSE Appeals Officer. An appeal must be lodged by the applicant within twenty-one days of the decision.

An individual's decision to purchase private health insurance is a matter for the individual and has no bearing on eligibility for a medical card.