Shane Ross (Dublin South, Independent)
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695. To ask the Minister for Health further to Parliamentary Question No. 471 of 3 February 2015, in relation to a person (details supplied), if a deduction of €31 per week under the Nursing Home Support Scheme, as per allowable deductions regulations 2014, adequately reflects the cost of maintaining a child; his views on the inherent unfairness, discriminatory nature and unsustainability of the scheme in allowing a deduction for the cost of maintaining a child only where a court order is in place, thus effectively encouraging the dissolution of the family unit in such circumstances; and if he will make a statement on the matter. [11930/15]

Kathleen Lynch (Cork North Central, Labour)
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The Nursing Homes Support Scheme (NHSS) provides financial support towards the cost of long-term residential care services in nursing homes. Under the Scheme, nursing home residents contribute towards the cost of their nursing home care based on their means, and the HSE pays the balance. In 2015 a total amount of €948m is available for the Scheme. As of the end of January 2015 (latest figures available) 22,324 people were being supported by the Scheme.

Participants in the Scheme contribute up to 80% of their assessable income (which includes any rental income) and a maximum of 7.5% per annum of the value of assets held. The first €36,000 of an individual's assets, or €72,000 in the case of a couple, is not counted at all in the financial assessment. The capital value of an individual's principal private residence is only included in the financial assessment for the first three years of their time in care.

The Nursing Homes Support Scheme has incorporated a number of safeguards to ensure that:

- Nobody will pay more than the actual cost of care

- An applicant will keep a personal allowance of 20% of their income or 20% of the maximum rate of the State Pension (non-Contributory), whichever is the greater

- If an applicant has a spouse/partner remaining at home, he/she will be left with 50% of the couple's income or the maximum rate of the State Pension (non-Contributory), whichever is the greater

- If both members of a couple enter nursing home care, they each retain at least 20% of their income, or 20% of the maximum rate of the State Pension (Non-Contributory), whichever is the greater.

In addition to the safeguards, an applicant has the option to opt for the loan element of the Scheme known as Ancillary State Support. An applicant can opt for this loan where their assets include land and property held in the State. By availing of the loan, the portion of the contribution based on an applicant's assets may be deferred and collected from their estate. A nursing home resident can apply for the loan at any stage.

The Nursing Homes Support Scheme (Allowable Deductions) Regulations 2014, which came into effect on the 1st September 2014, expanded the definition of "Allowable Deductions" in the Nursing Homes Support Scheme Act 2009 to allow the HSE to make allowance for dependent children.

The Regulations are not arbitrary but are based on rates applied elsewhere by the Department of Social Protection. Under the Regulations, the HSE may deduct from the means assessed for the Scheme the equivalent of Child Benefit, plus the full rate of the Increase for a Qualified Child in respect of each dependent child. (Individuals in receipt of certain Social Welfare payments may claim an Increase for a Qualified Child for each qualified child under the age of 18 who lives with, and is being maintained by, the claimant. The increase may also be paid in respect of a child between 18-22 if s/he is in full-time education at a recognised school/college. The full rate of the Increase for a Qualified Child is €29.80 per week (€119.20 ever 4 weeks).)

The costs of caring for children, where it is relevant, will also be taken into account by deducting a fixed amount from declared means equivalent to the amounts allowed for dependent children for the purposes of medical card income assessments.