MINISTER FOR Health Mary Harney has insisted that the "fair deal" scheme for financing nursing home care will proceed, despite legal problems which have delayed its implementation.
The scheme, which will replace the existing nursing home subvention system, was due to come into force last January. However, the legislation has been mired in legal and constitutional issues.
Under the plan nursing home residents would pay a maximum of 80 per cent of their nursing home costs, while the State would pay the balance. The State will also apply a levy of up to 15 per cent on the value of a resident's estate after they have died.
The Irish Times reported yesterday that the Government has instructed the HSE to divert millions which had been set aside for the scheme into other areas as a result of the delays.
Ms Harney said drafting the legislation had proved "incredibly difficult" but she insisted that the legislation would proceed.
"Unfortunately, it has proved to be incredibly difficult in terms of, not so much the Constitution but in terms of the law as far as property is concerned."
Ms Harney said she hoped it could be brought to Cabinet next month. She said the Attorney General had been involved in drafting the legislation which, she said, would ease the burden on older people and their families.
Opposition parties, however, have criticised the Minister for prematurely announcing plans for financing nursing home care.
Fine Gael health spokesman James Reilly said: "Once again we have a major announcement, heralded as a key reform, which transpires to be poorly planned, prematurely publicised and running into the sand after significant time has been wasted."
Labour health spokeswoman Jan O'Sullivan said her party had warned that the plan could be mired in legal problems unless it was properly debated.
"Money which is now being diverted to other areas of health spending should be set aside to top up subvention payments of families who are experiencing difficulties in meeting the costs of paying for nursing home care," she said.
The Irish Senior Citizens' Parliament said it was opposed to the fair deal scheme as it eliminated the principle of free care for those who needed it.
"No other group of citizens are being asked to pay for their care. Why should older people have to pay for illnesses or frailty arising from the wear and tear of growing older?" the group argued.
However, Nursing Homes Ireland, the main representative group for nursing home operators, is supportive of the scheme and wants it implemented as soon as possible.
"If the proposal is unworkable from a constitutional point of view, then it needs to be replaced by a workable proposal which is equitable and adequate, and this must happen soon," said the group's chief executive, Tadhg Daly.