As the Deputy is aware, the Ombudsman, in his report on the nursing home subvention scheme, asserted that, under the 1970 Health Act, any person in need of nursing home care has a statutory entitlement to the provision of this service by a health board.
As my Department advised the Ombudsman in its response to the draft report of the Ombudsman, its view is that the Health Act, 1970, as amended, distinguishes between eligibility for a service and entitlement to a service, although the two terms are often used interchangeably. This view is supported by legal advice available to my Department.
What is clear is that the uncertainty that undoubtedly exists in relation to eligibility and entitlement should be resolved. The new health strategy acknowledges this and sets down a commitment to introduce legislation to provide for clear statutory provisions on entitlement.
In the interim, applicants who qualify for a subvention following an assessment of need and means in accordance with the Nursing Home Subvention Regulations, 1993, will continue to receive their entitlement to a subvention. In this regard, as the Deputy will be aware, funding for the nursing home subvention scheme has increased significantly in recent years. In 1997, the funding for the scheme was £27.8 million –€35.30 million. Some £52 million –€66.03 million was made available for 2001 while in 2002, the funding for the scheme has again been substantially increased, amounting to £72 million-€91million.