State rules out asking elderly to repay costs

The Government has said it will not seek to recoup millions of euro in charges from elderly patients in public nursing homes if the Supreme Court rules next month that such charges are lawful.

The Tánaiste and Minister for Health, Ms Harney, last December ordered the abolition of the charges - which generate around €8 million per month for health authorities - on foot of legal advice from the Attorney General.

A Supreme Court ruling on the constitutionality of new legislation to give retrospective legal effect to the charges is due next month. The Government's intention is to reintroduce the charges if the Supreme Court clears the legislation. However, a spokesman for the Tánaiste said the Government had no plans to ask patients in public nursing homes to pay charges for the months of December, January and February if the Supreme Court rules that the legislation is in accordance with the Constitution.

Yesterday both Fine Gael and Age Action Ireland suggested that revelations that health authorities were continuing to retain the pension books of elderly nursing home patients could form part of a strategy to allow the Government to recoup the money foregone since the abolition of the charges in December.

Fine Gael leader Mr Enda Kenny said: "Today's reports suggest that some health boards may be planning to collect charges from elderly patients from the period December 9th if and when the amending legislation is enacted, following the Supreme Court hearing."

The Health Service Executive (HSE) last night said there was no question of health authorities retaining pension books of elderly patients in nursing homes.

"In many cases the former health boards took care of pension books for safe keeping and with patients' permission. We will be asking each patient, or their relatives, if they wish to have their pension books returned or, if they want, money to continue to be paid into their accounts for which they have access already," the Chief Officers' Group of the HSE said in a statement.

The HSE said that within days it would begin paying the €2,000 ex-gratia payment, promised by the Government, to elderly patients who were illegally charged for care in public nursing homes in the past.