There are two issues in respect of which I seek clarification. The first relates to the status of refunds for individuals with intellectual disabilities and the second to the position regarding current deductions.
Everyone is familiar with the situation that obtained regarding payments to nursing homes. A similar situation arose in respect of individuals with intellectual disabilities living in residential settings, whereby varying amounts were deducted from their disability allowances. Most, if not all, of these residential settings were funded by the State. When an instruction was issued to nursing homes to cease making deductions from their residents, a similar instruction was issued to residential settings. The latter instruction sought — pending the introduction of new legislation to permit same — immediately to stop the making of deductions from the disability allowances of individuals with intellectual disabilities.
Following this, individuals with intellectual disabilities — like their counterparts in nursing homes — made applications for those moneys that were deducted from their disability allowances to be refunded to them. However, at last week's briefing involving representatives of the Health Service Executive's management team and Oireachtas Members, it seemed to be indicated that while refunds will be made to people who were within nursing homes, no such refunds will be forthcoming in respect of individuals with intellectual disabilities. I would appreciate it if the Minister of State could clarify the position because moneys were deducted from the people to whom I refer in order to fund a service that was being funded by the State.
On the second issue relating to current deductions, under the new legislation it is now possible for residential settings to make legitimate deductions, in lieu of rent and other living costs, from people's disability allowances. However, the feedback indicates that, regardless of the type of service being provided, varying amounts are being deducted. One advocacy group, Inclusion Ireland, reports that there are cases where individuals receiving similar services are having quite different amounts deducted from their disability allowances. The level of deduction made appears to depend on from which residential setting the service is being received.
I would appreciate if the Minister of State could clarify whether there are standardised criteria and an agreed formula for calculating the amount that is permitted to be deducted from people's disability allowances. This is absolutely essential to ensure there is standardisation, consistency and transparency, that protections are in place for vulnerable adults and that we can avoid any necessity to put in place a similar refund scheme in the future.