Written answers
Wednesday, 12 May 2021
Department of Health
Medical Cards
Matt Shanahan (Waterford, Independent)
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211. To ask the Minister for Health his plans to amend the entitlements for a medical card under EU rules (details supplied) currently held by Irish residents who have previously lived and worked in the United Kingdom; and if he will make a statement on the matter. [24739/21]
Stephen Donnelly (Wicklow, Fianna Fail)
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The Trade and Cooperation Agreement (TCA) between the EU and the UK provides for a continuation of healthcare rights for pensioners resident in a State covered by the Agreement. UK pensioners for whom the UK is competent will, therefore, if they are ordinarily resident in this State, and meet the criteria, continue to have eligibility for a non-means tested medical card issued under the EU/UK TCA.
In addition, under the terms of the EU UK Withdrawal Agreement (W/A), UK pensioners for whom the UK is competent, and who were resident in another EU Member State before the end of the transition period on 31st December 2020, continue to have their healthcare rights maintained. Such persons will, therefore, if they remain ordinarily resident in this State, and meet the criteria, continue to have eligibility for a non-means tested medical card issued under the EU/UK Withdrawal Agreement.
Matt Shanahan (Waterford, Independent)
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212. To ask the Minister for Health his views on whether it is correct to include damages settlements paid to individuals by the State as a result of legal proceedings taken by their families following life altering personal injury in the medical card financial assessment process; his further views on whether such monies are solely for the future well-being of the patient in recompense for the personal injuries they sustained at the hands of the HSE and should therefore be exempted from the means assessment process; and if he will make a statement on the matter. [24740/21]
Stephen Donnelly (Wicklow, Fianna Fail)
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Eligibility for a medical card is determined primarily on means by the HSE. I understand that in certain instances, where an infant is born with a catastrophic injury, such as HIE – Hypoxic Ischaemic Encephalopathy – and the infant is subsequently eligible for a Domiciliary Care Allowance (DCA) payment by the Department of Social Protection, the infant is automatically eligible for a medical card which is issued by the HSE. The individual concerned retains this card irrespective of a change in means, once in receipt of a DCA payment.
As part of the settlement negotiations between parties and the State Claims Agency, decisions on eligibility for a medical card are often dealt with on a case by case basis.
The State Claims Agency has informed me that, where relevant, the Agency attempts, in catastrophic injury cases managed by it, to exclude from the special damages assessment those services which are already provided for in the medical card so that there is no double payment, thus allowing the child and his/her family to retain the medical card and the services it provides. In such circumstances, the State Claims Agency will formally notify the HSE that services which are already provided for in the medical card are not part of the settlement and should continue.
The principle underlying the payment of damages in personal injury cases, such as those described above, is known as the restitutio in integrum principle which means putting the injured person, in so far as is possible, in the position he/she would have been but for the event giving rise to the injury.
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