Reports emerging today that public nursing homes are still withholding pension books of elderly patients are "clearly at odds" with instructions the Tánaiste made in December, the Fine Gael leader said.
Mr Enda Kenny has called on Tánaiste and Minister for Health, Ms Mary Harney, to state unequivocally whether the Government plans to charge elderly nursing home residents for their care by making deductions from their pensions.
The Government rushed emergency legislation through the Dáil and Seanad last month after the Attorney General said the practice was legally unsound.
That legislation went before the Supreme Court after President Mary McAleese asked that its constitutionality be tested. The Supreme Court has until the end of February to deliver its ruling.
"On December 9th, 2004, the Tánaiste told me in the Dáil that following advice of the Attorney General she was writing to the health boards to ask them 'to stop charging people in public institutions or in contract beds forthwith.'
"My understanding of the Tánaiste's position was that charges would not resume until new legislation was enacted," said Mr Kenny.
"Today's reports suggest that some Health Boards may be planning to collect charges from elderly patients for the period from 9th December, if and when the amending legislation is enacted, following the Supreme Court hearing.
"This is clearly at odds with the Tánaiste's instructions to stop charging forthwith," he said.
The Tánaiste's legislation only lends retrospective validity to charges which were imposed and paid, Mr Kenny added. "If no charges were imposed from December 9th, as the Tánaiste instructed, there will be nothing to retrospectively validate.
"Today's news shows that there is widespread confusion about the imposition of charges during this period and I am asking her to clarify the position as a matter of urgency."
Nursing homes have been suspected by patient advocacy groups of continuing to hold pension books in case the Court ruled in favour of the Government.
A spokesperson from Age Action Ireland called it an "abuse of the elderly."
The Health Service Executive (HSE) reiterated to ireland.comthat elderly nursing home residents have not been charged since December 9th.
Yesterday the HSE advised nursing homes to halt the practice of withholding pension books and paying residents allowances.
"The HSE is advising elderly care facilities to return pension books to patients who are capable of managing their own affairs," a spokesperson said.
Pension books of those incapable of managing their own finances should be given to guardians.
Many residents considered handling financial affairs a burden and preferred nursing homes to manage them, the spokesperson added.