Vol. 531 No. 4
93 Mr. Ring asked the Minister for Health and Children if he will instruct the health boards to pay back the money due to the families of subvention recipients; when he hopes this money will be paid back; and the number of people owed money in each health board region giving details of the total amounts due in each region. [5523/01]
99 Mr. G. Mitchell asked the Minister for Health and Children if he will advertise for persons who may not have been covered by the Ombudsman's report on overcharging through the nursing homes subvention scheme; and if he will repay overcharged moneys with interest. [5502/01]
I propose to take Questions Nos. 93 and 99 together.
I presume the Deputies are referring to the decision taken to make retrospective payments to those who were adversely affected by the provisions of the nursing home subvention regulations, 1993 which allowed for the assessment of circumstances.
Articles 9.1 and 9.2 of the 1993 regulations allowed health boards to assess the ability of the adult sons and/or daughters of older people who applied for nursing home subventions to contribute towards the cost of their parents' nursing home care. The provision which allowed for this assessment was deleted from January 1, 1999. This amendment was made because the provisions in question were not consistent with the assessment procedures adopted in the granting of medical cards by health boards or in the social assistant payment schemes administered by the Department of Social, Community and Family Affairs, wherein there is no consideration of the financial circumstances of adult sons and/or daughters of applicants.
However, I feel it is important to state that legal advice received from the office of the Attorney General indicates that there is no legal liability on the State to make retrospective payments in relation to family circumstances. Nonetheless, it has been decided that moneys should be paid to those who were adversely affected by this provision and my colleagues in Government agree. It is anticipated that these payments will cost in the region of £6 million.
