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Reclaiming Pension and Social Welfare monies unlawfully retained by the State or State Bodies
Court action in Ireland to reclaim pension
payments retained
for nursing home or hospital care
Since 1970, medical card holders in Ireland have been exempt from the imposition of any charges for State provided hospital, convalescent or nursing home care. Despite this, charges were levied by Irish health boards in that pension and social welfare recipients had up to 80% of the payments due to them retained by individual health boards for care so provided. In December 2004, the Irish government attempted to enact legislation to retrospectively validate the unlawful charges imposed on medical card holders and on 16th February 2005, the Supreme Court declared this legislation unconstitutional. In doing so, it ruled that the State had violated the property rights of pensioners from whom monies had been deducted and that these monies could generally be reclaimed.
The government has promised to put in place a mechanism for making repayments but it is unlikely that this will be in operation for many months and the extent to which the government will make repayments is uncertain. For example, it is not known whether repayments will simply be confined to monies retained over the last six years or go back further; whether interest will be paid on monies retained or whether those detrimentally affected will be entitled, in addition, to claim damages. In the meantime, there is a concern due to legal technicalities that if time is allowed to pass, the sum that can be reclaimed may reduce.
Legal proceedings can now be properly issued on behalf of pensioners from whom pension payments have been withheld in the described circumstances. If the person affected is now deceased, legal proceedings can issue on behalf of such person’s Estate to the benefit of those entitled to inherit from the Estate.
If you or a relation are entitled to claim monies withheld, this firm can provide any legal advice and assistance required.
For further information contact Aidan Reynolds.
assistance required.For further information contact Aidan Reynolds.