Dáil Éireann díospóireacht -
Wednesday, 9 Oct 2002

Vol. 554 No. 5

Written Answers. - Nursing Home Subventions.

Denis Naughten

Ceist:

959 Mr. Naughten asked the Minister for Health and Children if, further to Parliamentary Question No. 225 of 26 June 2002, he will introduce legislation to clarify the position regarding eligibility and entitlement to the nursing home subvention; and if he will make a statement on the matter. [15689/02]

Minister for Health and Children (Mr. Martin):

As the Deputy is aware, the Ombudsman, in his report on the nursing home subvention scheme, asserted that, under the Health Act, 1970, 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 new legislation to provide for clear statutory provisions on entitlement for health and personal social services. As part of the implementation process, a review of all existing legislation is ongoing in my Department. The outcome will inform the approach to the drafting of a new legislative framework on entitlements. I expect that this review will be completed in the current year and that proposals for reform will be submitted to Government.