Richard Bruton (Dublin Bay North, Fine Gael)
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373. To ask the Minister for Health if he has assessed the matter whereby persons suffering certain mental health conditions are only eligible for long-term illness while under the age of 16 years; if this constitutes age discrimination; and if he will make a statement on the matter. [49286/22]

Stephen Donnelly (Wicklow, Fianna Fail)
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The Long Term Illness (LTI) scheme was established under Section 59(3) of the Health Act 1970 (as amended). Regulations were made in 1971, 1973 and 1975, prescribing 16 illnesses covered by the scheme. These are: acute leukaemia; mental handicap; cerebral palsy; mental illness (in a person under 16); cystic fibrosis; multiple sclerosis; diabetes insipidus; muscular dystrophies; diabetes mellitus; parkinsonism; epilepsy; phenylketonuria; haemophilia; spina bifida; hydrocephalus; and conditions arising from the use of Thalidomide.

Under the LTI scheme, patients receive drugs, medicines, and medical and surgical appliances directly related to the treatment of their illness, free of charge.

Statutory Instrument No. 277 of 1971 sets out the following limitation on Section 59(3) of the Health Act 1970: "Arrangements for the supply of drugs and medicines to persons suffering from mental illness in pursuance of section 59 (3) of the Act shall be made only in respect of persons under the age of 16 years."

Therefore, the HSE must regard 16 years as the upper age limit in terms of eligibility under the LTI scheme for those with a diagnosis of mental illness.

The LTI scheme will be included in a review of the current eligibility framework, including the basis for existing hospital and medication charges, to be carried out under commitments given in the Sláintecare Implementation Strategy. However, it is not possible at this juncture to say what the outcome of this review will be.