I presume the Deputy is referring to the small number of instances whereby a contribution was paid on behalf of a fully eligible person for publicly funded long stay residential care by a close family member. Under the Health (Repayment Scheme) Act 2006, a living spouse or living child of a relevant person who has paid, on behalf of the relevant person, the whole or part of the recoverable health charges paid in respect of an individual can apply for a repayment. In such instances where a partial or full payment was paid by a child or spouse on behalf of a fully eligible person who was wrongly charged and where there was adequate proof that such a payment was made that child or spouse is eligible for a repayment under the scheme.
I presume when referring to the repayment scheme fund, the Deputy means the donation fund which the Health Service Executive may establish under Section 11 of the Health (Repayment Scheme) Act 2006. The purpose of the donation fund is to allow for patients or family members who are satisfied with the care which was provided for a patient's long term care and wish to surrender all or part of a repayment to help those less fortunate.
Any donations made under this provision are completely voluntary. The fund enables those due a repayment, or anyone who wishes to do so, to donate money which will be used specifically for improvements in the public health services for elderly persons and persons with disabilities, the costs of which are non-recurring. All such donations will be exempt from capital acquisition tax and any probate tax liability.
The fund will be monitored and audited to ensure that the money is used appropriately and for the purposes for which it was intended. Reports on the operation of this fund will also be laid before the Houses of the Oireachtas.