Richard Bruton (Dublin Bay North, Fine Gael)
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579. To ask the Minister for Health if the condition that mental illness is only covered by the long-term illness card for those under 16 years has been challenged by the Ombudsman as discriminatory; if it is still being used as grounds for refusal; and if he will make a statement on the matter. [52727/22]

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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678. To ask the Minister for Health if he will remove the age restriction from the mental illness category of the long-term illness scheme; and if he will make a statement on the matter. [53365/22]

Stephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 579 and 678 together.

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. This has not been challenged by the Ombudsman.

It is important to note that the LTI scheme will be included as part of 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.

People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be eligible for a medical card. In accordance with the provisions of the Health Act 1970 (as amended), eligibility for a medical card is determined by the HSE.

In certain circumstances the HSE may exercise discretion and grant a medical card, even though an applicant exceeds the income guidelines, where he or she faces difficult financial circumstances, such as extra costs arising from illness. In circumstances where an applicant is still over the income limit for a medical card, they are then assessed for a GP visit card, which entitles the applicant to GP visits without charge.

For those aged between 16 and 25, who had been included on their family's medical card or GP visit card before turning 16, the HSE will send them their own card when they reach the age of 16.

In circumstance where a person over 16 is financially dependent on their parents or guardians, and their parents or guardians have not had a medical card,the person may apply for a medical card if they have a medical condition. Their parents or guardians should also make an application and both applications should be sent to the HSE together. As a dependant, they will qualify if their parents or guardians qualify.

Where the applicant is financially independent, they can still apply if they live with their parents or guardians and are in receipt of their own income.

Under the Drug Payment Scheme, no individual or family pays more than €80 a month towards the cost of approved prescribed medicines. The scheme significantly reduces the cost burden for families and individuals with ongoing expenditure on medicines.

Individuals may also be entitled to claim tax relief on the cost of their medical expenses, including medicines prescribed by a doctor, dentist, or consultant. Relief is at the standard tax rate of 20%.