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Dáil Éireann debate -
Wednesday, 17 Apr 2002

Vol. 552 No. 1

Written Answers. - Health Board Allowances.

Michael Creed

Question:

357 Mr. Creed asked the Minister for Health and Children if, in respect of arrears of nursing home subvention due by the various health boards to persons who are now deceased, his Department will authorise the payment of the arrears to relatives of the deceased where no grant of administration or probate has been extracted in view of the considerable additional costs which this procedure involves; and if he will make a statement on the matter. [11596/02]

The provision which allowed for the assessment of the capacity of the adult sons and/or daughters of older people who applied for nursing home subventions to contribute towards the cost of their parent's nursing home care was deleted from 1 January, 1999. As the Deputy is aware, it has been decided that moneys should be paid to those who were adversely affected by this provision.

A group representing the Department and the health boards/Eastern Regional Health Authority was established to ensure that this process is carried out on a uniform basis as speedily as possible. As a result of the deliberations of this group, and, taking cognisance of legal advice available, guidelines as to how the payments should be made issued from my Department at the end of October, 2001. Funding was made available to commence making these payments from 1 November 2001, with further funding provided in 2002.

Following the issuing of these guidelines, my Department continued to liaise with the health boards in relation to the making of payments. When it was brought to the attention of my Department that in a number of cases, the cost to claimants in obtaining letters of administration exceeds the value of moneys to be paid, further guidelines for making these payments in these circumstances issued from my Department. Health boards were advised that it is open to them to exercise an element of discretion in these cases in that once a health board has satisfied itself, within reason, that the money is being claimed by the appropriate person, the board should take into consideration the amount to be paid. It was suggested that in cases where the money to be paid is up to €500, the board may waive the requirement for letters of administration if it is reasonably satisfied the money is being paid to the person entitled to receive it.

It is not my wish, nor the wish of my Department, that anyone should be disadvantaged by the requirement to obtain letters of administration or a grant of probate. Nonetheless, it was deemed that these documents are necessary to protect the interests of the estate of any person whose subvention had been abated, but may have since died.

Questions Nos. 358 to 361, inclusive, answered with Question No. 269.

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