Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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458. To ask the Minister for Health the position regarding a person (details supplied) in County Cavan who had previously lived in England and who has made an application for a medical card under European Union regulations, where that person has been informed that there is a requirement to show proof of savings, investments and three months' bank statements, despite the fact that the medical card-general practitioner visit card assessment guidelines of January 2014 state that persons with European Union entitlement are exempt from a means test; if that person must be treated as a couple with their spouse, though the spouse does not work, nor receive an Irish social welfare payment; if he will clarify the matter; and if he will make a statement on the matter. [5964/15]

Leo Varadkar (Dublin West, Fine Gael)
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Under Regulation (EC) 883/2004 persons insured in any EU Member state, together with persons insured in any EEA Member state (Iceland, Norway or Liechtenstein) or in Switzerland, are entitled to receive health care services in Ireland at the cost of that member state provided they are not subject to Irish social security legislation. Persons in this category are entitled to full eligibility and receive a medical card as evidence of their entitlement. The applicant is only required to demonstrate to the HSE that they qualify under the EU Regulations and there is no requirement to submit income details and details of savings. The applicant must produce the appropriate E or S-form, completed by their Member State confirming the healthcare entitlement for which that state is liable. The position regarding the UK is that, under a reciprocal agreement, the EU S form is not required, however, proof of receipt of a qualifying payment from the UK authorities should be provided with the application to the HSE.

The HSE has responsibility to establish if an applicant is subject to Irish social security legislation. A person is considered subject to Irish social security legislation if s/he is in receipt of a contributory Irish social welfare payment or engaged in work in Ireland and subject to PRSI. If a person is considered subject to Irish social security legislation, the person will not qualify for a Medical Card under EU legislation, but may qualify for a means-tested Medical Card under national legislation. An applicant under the EU Regulations may apply in respect of themselves alone if they consider they meet the above requirements even where their partner/spouse is subject to Irish social security legislation. The dependants of the person who qualifies for a medical card under the EU Regulations who reside with him/her are also entitled to a medical card on production of the appropriate E or S-form provided that they are not themselves subject to the Irish social security system, or in the case of children, that the spouse or person looking after the children is not also subject to Irish social security legislation. Again no form is required in the case of UK applicants provided the required evidence of entitlement is provided.

A spouse who does not qualify under the EU Regulations may separately apply for a means-tested medical card under national legislation but will however be required to supply the information requested by the HSE in respect of the couple's means in order to permit the HSE assess if the spouse will qualify for a means-tested medical card under national legislation.

The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible. The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information has issued to Oireachtas members. If the Deputy has not received a reply from the HSE within 15 working days, please contact my Private Office who will follow up the matter with them.