Dáil Éireann debate -
Tuesday, 4 Mar 2003

Vol. 562 No. 4

Written Answers - Drugs Refund Scheme.

Pat Breen

Question:

329 Mr. P. Breen asked the Minister for Health and Children when the refund of money for overcharged prescriptions will be made to a person (details supplied) in County Clare under the drugs payment scheme; and if he will make a statement on the matter. [6244/03]

Minister for Health and Children (Mr. Martin)

The drugs payment scheme, DPS, which replaced the drug cost subsidisation scheme, DCSS, and Drugs Refund Scheme, DRS, in 1999 was initially introduced on an administrative basis with the intention that regulations to underpin its operation would be introduced at a later date. The DPS provided that families only had to meet the first €53.33 a month of spending on approved prescribed medicines. The DCSS threshold was €40.63 a month per certified individual, and for the DRS it was €114.28 a quarter for each eligible person and dependants.

Regulations fixing the threshold for the new scheme at €53.33 per month could have been made in July 1999 under section 59 of the Health Act 1970 but as Government approval had been obtained to amend that section and it was envisaged that the amending provision would be enacted very quickly, it was decided to defer making the regulations until the Act was amended. However, amendment of the Act was delayed. Following further consideration and legal advice obtained from the Attorney General's Office in October 2000, regulations to fix the threshold at €53.33 per month were made under the existing section 59 of the 1970 Act, coming into effect on 1 March 2001.

The aggregate financial benefits for patients under the DPS are clearly significantly greater than the old schemes. The total patient benefit under the DRS and the DCSS was €95 million in 1998, the last full year of operation. In contrast, the DPS subvention to patients was €140 million in 2000, the first full year of operation, and rose to €178 million in 2001, an increase of 87% in three years. As claimants derived greater overall benefits, as reflected in the significant increase in spending, the issue of possible refunds was not addressed at that time.

My Department has reviewed the position in relation to this question. The Government has authorised my Department to put in place a process for assessing applications for refunds from persons who may be owed money arising from the introduction of the DPS. There are significant administrative issues to be resolved before a process can be put in place. My Department will address these issues in consultation with the relevant bodies. When an appropriate procedure is agreed, applications will then be invited through public notice, and each application for refunds will be considered under the terms of the agreed procedure. It is intended that this issue be dealt with as quickly as possible.