Legality of deductions from patients’ benefits

Summary

Members question the legal basis for using patients’ allowances toward institutional maintenance. The Minister says the practice is lawful under statute and stresses the need to standardise the amount patients may keep.

Edward Collins Mr. E. Collins Fine Gael

Will the Minister say why welfare benefits, allowances to patients, are taken from them? Under what Act is this done?

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Joseph Brennan An Ceann Comhairle Fianna Fáil

That is a separate question.

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Edward Collins Mr. E. Collins Fine Gael

I do not think so.

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Charles J. Haughey Mr. Haughey Fianna Fáil

The allowances paid to patients are taken as payment for their maintenance in the institution.

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Edward Collins Mr. E. Collins Fine Gael

I wonder is that constitutional?

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Charles J. Haughey Mr. Haughey Fianna Fáil

The question is concerned with the allowance which patients are allowed to have for their own use.

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Michael Keating Mr. Keating Fine Gael

What percentage is that?

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Edward Collins Mr. E. Collins Fine Gael

Is it legal in the first instance to take their legal entitlement from them and to give back a portion of it? I very much doubt the legal validity of the system.

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Charles J. Haughey Mr. Haughey Fianna Fáil

It is legal and in accordance with the statutory provisions. What is more important is that there should be a reasonable allowance for patients and that this should be standardised throughout the country. It is not standardised at the moment.

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