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Annual Report of the Ombudsman 2003

Chapter 2 - South Western Area Health Board - Nursing Home Subvention Arrears

South Western Area Health Board

Nursing Home Subvention Arrears Refused

I received a complaint from a man whose late mother had been a patient in private nursing home care from 1987 to 2000. This lady had been in receipt of financial assistance towards the cost of her care by way of subvention from the South Western Area Health Board under the terms of Section 54 of the Health Act, 1970 from the time of her admission. The legislation changed in 1993 with the introduction of the Nursing Home Subvention (Regulations) which allowed an applicant's circumstances, including those of his or her family, to be taken into account in determining his or her eligibility for subvention.

Following the Ombudsman's Report on Nursing Home Subventions in 2001, the complainant approached the Health Board to see whether his late mother might have been entitled to compensation as a result of family circumstances having been assessed. At that stage, the complainant was advised that his late mother had received her full subvention entitlement and therefore, no arrears were due. He was not aware of the avenue of appeal to the Board's Director of Customer Services and Appeals regarding the matter. The complainant contacted my Office, and on examination of the issue, I felt that his late mother should have been reassessed in 1993 following the introduction of the new legislation. I suggested that he approach the Director of Customer Services within the Health Board in order to have the matter reviewed along these lines.

Following this review, the Director determined that the complainant's mother had not received her full entitlement to subvention and a payment of arrears totalling €34,604 was made to her estate.

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