Catherine Murphy (Kildare North, Social Democrats)
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157. To ask the Minister for Health if he is aware that at some respite care facilities for children, parents now have to pay for any respite care time over 30 days per year where nursing care is required and that this is not means tested; and if he will make a statement on the matter. [43289/15]

Leo Varadkar (Dublin West, Fine Gael)
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Charges for the maintenance element of long-stay in-patient services – which may include respite in-patient services and which apply to adults with full or limited eligibility – are provided for under the Health (Amendment) Act 2005 and the Health (Charges for In-Patient Services) Regulations 2005, as amended.

Children under the age of 18 are exempt from these charges. On foot of the Deputy's question, I arranged for enquiries to be made regarding the issues raised and have ascertained that they relate to a young adult, rather than a child.

Under the Act, long-stay charges for in-patient services only apply to the further provision of in-patient services to adults 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. Those receiving ongoing acute care as well as those being supported under the Nursing Homes Support Scheme are excluded from these charges.

The Regulations provide for two different classes of income-based charges in respect of the maintenance element of the in-patient services provided:

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

- Class 2 charges apply where 24-hour nursing care is not provided, subject to a current maximum of €130 per week for a person whose income is €194 or more.

Affordability and the avoidance of financial hardship are built-in features of the charging provisions under the 2005 Act and Regulations:

- Firstly, the Act caps the amount which may be charged – at 80% of the non-contributory State Pension weekly rate. At present, that means an upper limit of €175.20 per week.

- Secondly, the charges are structured to ensure that those paying them retain a reasonable income for personal use: at least €33 per week for those paying Class 1 rates and at least €64 per week for those paying Class 2 rates.

- Thirdly, the Act provides that the HSE may reduce or waive a charge imposed on a person if necessary to avoid undue financial hardship.

To assist in the fair application of the provisions of the 2005 Act and Regulations, the HSE has developed national guidelines for the determination of long-stay charges for in-patient services. These include the need to have regard to the individual circumstances of each service user and his or her dependants. The guidelines ensure that the applicable charge is determined taking account of each person’s income and necessary outgoings while receiving care, including reasonable regular financial commitments. This avoids any unfair burden on the service user or his or her dependants.