The Government has sought the Attorney General's advice on whether thousands of elderly people have been illegally charged for the cost of long-term nursing care.
The Taoiseach, Mr Ahern, said that, arising from recent reports, he had asked when the Attorney General's advice would be available. "I have not yet received an answer to that question, but we will try to get it as soon as possible."
He was replying to the Fine Gael leader, Mr Enda Kenny, who said that between 8,000 and 12,000 people could be involved, and the amount of money could be €100 million.
He said the Government could not operate to a different set of rules."When AIB overcharged, the bank was obliged to pay back its customers. There are a number of precedents for repayments in the drugs repayment scheme and the scheme for nursing home payments to families."
He asked Mr Ahern if he accepted that the phraseology used in the 2001 Act, over which the Government had presided, meant that pensioners over 70 years, to whom medical cards were issued, had been making illegal payments.
Earlier, Mr Kenny said that the revelation had come about because of research undertaken by his party colleague, Mr John Perry TD.
The situation was that prior to 2001, health boards were legally entitled to seek a contribution from medical card holders in long-term care. "In other words, their full eligibility to free inpatient services was reduced, and the health board could legally seek a contribution from them.
"However, for anybody of 70 years or over, the Health (Miscellaneous Provisions) Act 2001 confers full eligibility to free inpatient services. The Act does not allow for eligibility to be diminished or for charges to be levied."
Mr Ahern said the health strategy pointed out that it was fair that all those receiving publicly-funded residential long-term care should make some contribution towards accommodation and daily living costs if they could afford to do so, just as they would if they were living in the community.
"The current position reflects this. For people availing of public long-stay care, charges can be made under two sets of regulations with regard to inpatient services and institutional assistance, where the patient receives shelter and maintenance rather than treatment.
"Shelter and maintenance is the term used in the regulation. In deciding the amount to be contributed, health boards have regard to the person's individual circumstances."
Mr Ahern said since the Ombudsman's report of last year, the Department of Health was committed to new legislation to clarify the whole legal framework and eligibility for entitlements.
