Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Legislative Measures

Dáil Éireann Debate, Tuesday - 28 June 2022

Tuesday, 28 June 2022

Ceisteanna (772)

Seán Canney

Ceist:

772. Deputy Seán Canney asked the Minister for Health the status of legislation regarding housing (details supplied); and if he will make a statement on the matter. [33717/22]

Amharc ar fhreagra

Freagraí scríofa

The issue raised relates to Residential Support Services Maintenance and Accommodation Contributions (RSSMACs), which are payable under the provisions of sections 67A to 67D of the Health Act 1970.  These statutory contributions must be paid by certain recipients of non-acute residential support services provided by or on behalf of the Health Service Executive (HSE), including in disability residential settings. RSSMACs are contributions towards accommodation and maintenance costs, not charges for care services.  

The features of the RSSMACs framework ensure that it is reasonable and fair and that each service user's contributions are based on what they can afford, taking account of the service user's individual circumstances to ensure the avoidance of financial hardship,  Rates are set at a level intended to ensure that each service recipient is guaranteed to retain sufficient income for personal use to support independence and participation in community activities. 

The currently applicable contribution rates are provided for under the Health (Residential Support Services Maintenance and Accommodation Contributions) Regulations 2016.  In each accommodation category, the contribution rates are based on sliding scales, with proportionally lower contribution rates applying to those on lower incomes. Standard RSSMAC rates are based on each service user’s personal weekly income band and their accommodation category.  To make sure that contributions are affordable, the maximum a service user can be required to contribute each week is currently:

- €179 – if the service user is in Category A accommodation (24 hour medical or nursing care) and their weekly income is €228 or more;

- €134 – if the service user is in Category B accommodation (weekly medical or nursing care on a less than 24 hour basis) and their weekly income is €214 or more; or

- €74 – if the service user is in Category C accommodation (all other accommodation such as independent living) and their income is €208 or more.

If income is lower, the contribution payable will also be lower. For example, if a service user's only income is the Disability Allowance of €208 a week, the most they will contribute each week is €159 (in Category A accommodation), €124 (Category B) or €74 (Category C).

Additionally, section 67D of the Health Act 1970 provides for a waiver system in order to: 

- avoid undue financial hardship on the part of the service user and/or on the part of the service user’s dependants,

- advance a service user’s identified needs (e.g. care plan objectives), or

- take account of separate contributions (if any) made by a service user towards his or her maintenance or accommodation costs.

To assist in the fair and consistent application of the framework, the HSE has published national RSSMACs implementation guidelines and comprehensive waiver guidelines (approved by the Ministers for Health and Public Expenditure and Reform) on the individual circumstances where such contributions may need to be reduced or waived.  The guidelines specify that service providers must have regard to the individual circumstances of each service user and their dependants. The guidelines ensure that the applicable contribution may be reduced or waived where appropriate, taking account of each person’s income and necessary outgoings, including reasonable regular financial commitments, with a view to ensuring there is no unfair burden on the service user or on their dependants.

If a service user is unhappy with their level of contribution, they can:

- ask for the decision to be corrected if a mistake has been made in an assessment,

- ask for a the decision to be updated if their circumstances have changed,

- appeal in writing to the HSE's National Appeals Office, An Clochar, Ballyshannon Health Campus, College Street, Co Donegal F94 TPX4.

If service users are not satisfied with the outcome of the HSE's appeals process or are of the view that they have been unfairly treated, they may make a complaint to the Office of the Ombudsman, 18 Lower Leeson Street, Dublin 2 D02 HE97.

Comprehensive information about the RSSMACs framework is published by the HSE at: www.hse.ie/longstaycontributions.

Question No. 773 answered with Question No. 756.
Barr
Roinn