Vol. 553 No. 6
225 Mr. Naughten asked the Minister for Health and Children if he will ensure that every health board applies the requirement to provide nursing home subventions in view of the fact that a medical card holder is legally entitled to free in-patient services, including care in a nursing home; and if he will make a statement on the matter. [14909/02]
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.
226 Mr. Naughten asked the Minister for Health and Children if he will ensure that non-contributory pensioners are treated in a similar manner to contributory and occupational pensioners in relation to back moneys due under the nursing home subvention paid by the Western Health Board; if he will provide the board with the additional funding required; and if he will make a statement on the matter. [14910/02]
It is unclear from the Deputy's question, what payments he is referring to. Nonetheless, I presume he is referring to the assessment of applicant's means which allows health boards disregard a sum equivalent to one fifth of the old age non-contributory pension when assessing these means and calculating the amount of subvention to be paid (Article 8.2 of the Nursing Home Subvention Regulations, 1993).
Article 10.3 provides that a person whose sole means as assessed by the health board is a sum equivalent to or lower than the weekly rate payable at the time of the old age non-contributory pension shall qualify for the maximum amount of subvention per week. Based on this regulation, the level of subvention granted to an applicant whose only income is the OANCP would not be affected by the application of Article 8.2. Therefore, as there was no reduction in subvention due, there are no arrears due. Thus, it may appear that OANCP recipients are treated differently than applicants in receipt of other pensions.
As I have outlined, I am only presuming to know what the Deputy means. If he wishes to provide further clarification, including details of a particular case if appropriate, I will have further enquiries made.
