Joanna Tuffy (Dublin Mid West, Labour)
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140. To ask the Minister for Health if he will consider carrying out a review of respite charges (details supplied); and if he will make a statement on the matter. [40746/14]

Leo Varadkar (Dublin West, Fine Gael)
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Charges for long-stay in-patient services, which may include respite in-patient services, were provided for under the Health (Amendment) Act 2005 and came into effect on 15 July 2005 under the Health (Charges for In-Patient Services) Regulations 2005. The Regulations have been amended on a number of occasions since 2005, most recently by the Health (Charges for In-patient Services) (Amendment) Regulations 2011, which came into effect on 23 July 2011.

Long-stay charges for in-patient services only apply to the further provision of in-patient services to persons who have already received at least 30 days of in-patient services during the immediately preceding 12-month period. Accordingly, many respite episodes would not attract any charge.

The Regulations made under the Act provide for two different classes of charges (in respect of the maintenance element of the in-patient services provided):

- Class 1- charges for those receiving in-patient services on premises where 24 hour nursing care is provided are based on income, subject to a current maximum of €175 per week for a person whose income is €208 or any greater amount) and

- Class 2 - charges for those receiving in-patient services on premises where 24 hour nursing care is not provided are based on income, subject to a current maximum of €130 per week for a person whose income is €194 or any greater amount).

The charges are structured to ensure that those paying them 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 provides that the HSE may reduce or waive a charge imposed on a person in order to avoid undue financial hardship to that person (including having regard to whether or not the person has dependants). 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 person's individual circumstances and those of his or her dependants. These guidelines ensure that the applicable level of charge is determined taking account of each service user's income and necessary outgoings while receiving care, including reasonable regular financial commitments, thereby avoiding any unfair burden on the service user or his/her dependants.

On provision of full details in relation to the person concerned, the HSE should be in a position to review the individual circumstances and advise as to the appropriate charges, and the waiver or reduction, if any, applicable.