Robert Troy (Longford-Westmeath, Fianna Fail)
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610. To ask the Minister for Health if he will outline the particular years in question in relation to possible discrepancies in the administration and charges of the fair deal nursing home support scheme. [9888/23]

Stephen Donnelly (Wicklow, Fianna Fail)
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I understand that the Deputy's question relates to issues that have arisen recently in relation to legacy nursing home charges.

Up until 2004, people who were provided with publicly-funded long-stay care in public facilities and in publicly contracted beds paid a contribution towards the cost of their maintenance through a charge raised under Regulations made in 1954 and 1976.

It was accepted in 2004 that there was a flawed legal basis for raising charges on those with full eligibility in publicly funded care. This was regularised by the introduction of legislation in 2005 to provide for charges in publicly funded care and the establishment of a repayment scheme to refund charges that had been paid pre-2005. Over €450m was paid out under this scheme. The scope of the scheme was well publicised at the time and was limited to those who had full eligibility under the 1970 Act and who had paid charges to the State as a contribution towards their publicly-funded care.

Upon the raising of issues about how the State has approached legal challenges taken against it in relation to pre-2005 legacy nursing home charges, the Government moved quickly to establish the facts surrounding these issues, which go back many decades, by requesting the Attorney General to prepare a Report on the litigation management strategy. This comprehensive Report was published on 7 February 2023.

The Minister for Social Protection and I have undertaken to consider the Attorney General's Report in full and to revert to Government in three months on any further steps required.