Willie O'Dea (Limerick City, Fianna Fail)
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276. To ask the Minister for Health the reason there is no specific appeal allowed for refusals to over 70s medical card applications; the reason two single persons over 70 who live together are assessed on the basis of a lower income threshold than a couple; the reason over 70s medical card holders have to appeal a refusal on an under 70s appeal form and, as a result, are assessed on the basis of criteria for an under 70 year old; and if he will make a statement on the matter. [31820/14]

Kathleen Lynch (Cork North Central, Labour)
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I would like to clarify to the Deputy that applications for persons aged 70 years and older can be assessed both on the basis of the standard national assessment guidelines and on the basis of the guidelines for persons aged 70 years or over.

Applications are assessed against the HSE’s Medical Card and GP Visit Card National Assessment Guidelines for the standard medical card or for the over -70s card, as appropriate. In all cases, if an application is assessed ineligible for a medical card or eligible for a GP visit card only, the letter issuing informing this decision will include an explanation of how the application was assessed and the details of the means assessment calculated on the application. In addition, the letter will notify the applicant of the details should he/she wish to appeal the decision or provide additional relevant information for a further review assessment.

Where an applicant’s income is in excess of the gross income limit for the over-70s scheme, in addition to being informed of the appeal process, the applicant will be advised that he or she can be assessed under the General Medical Card/GP Visit Card Scheme. As this assessment is based on net income and assessable outgoing expenses, it is necessary that the individual completes and submits the relevant application form, along with the required supporting documents, to the HSE.

The HSE will then carry out a full assessment under the General Medical Card/GP Visit Card Scheme. In such cases, careful consideration will be given to social, medical and other relevant circumstances of the applicant. The HSE will exercise discretion in responding to the needs of the applicant where it is satisfied that additional and/or exceptional circumstances exist. The avenue for appeal is again advised.

The Health (Alteration of Criteria for Eligibility) (No. 2) Act 2013 provides that the assessment of over -70s persons for qualification for a medical card for persons who are (i) married, (ii) who live together as husband and wife, or (iii) are civil partners as respects each other are assessed against the couple gross income limit of €900 per week. Under the legislation, an individual is (i) not married, (ii) is not living together with another person as husband and wife, and (iii) does not have a civil partner. The gross income limit against which an individual is assessed is €500 per week from 1st January 2014.