The Health Repayment Scheme Act 2006

D

Devine21

Guest
A distant relative of mine (My Uncle’s Uncle) was under the care of the State for almost 40 years in a Public Nursing Home / Hospital, He passed away in March 2008 (aged 86). The Nursing Home in question applied for compensation under The Health Repayment Scheme Act 2006 which provides for the repayment of nursing home fees to those illegally charged in Ireland.

My relative in question was married & has two children aged between 40 to 55. However there has been no contact with his wife & children for almost 40 years. The last piece of correspondence relates back to 1981 when the patient child contacted the Nursing Home by letter. We have been unable to contact his Family for almost 40 years. My uncle has been the hospital Care next of Kin for almost 40 years since his Uncle was admitted to the Nursing Home, i.e. signing documentation for medical treatment, visiting on a monthly basis etc. My Uncle & my brother were the only individuals responsible for his well being over the past 40 years.

I have contacted the HSE administrator of the scheme who advised me the HSE has been unsuccessful in their attempts to contact my relative's family as mentioned above, therefore the funds owing to the estate will now be held by the State until the closest blood relative has been located.

Can you offer your advice on how best to proceed with the above matter considering my Uncle along with my brother have been the only individuals concerned with the well being of our relative in question.

Does my Uncle have any grounds to the compensation funds, considering we along with the HSE have been unsuccessful in our attempts to contact the family?

I understand this is a complicated issue, but perhaps you could offer me some guidance on how best to proceed.
 
You don't say if your uncle or brother provided financial assistance to the relative in a nursing home. That would be one way of establishing some claim on the estate. It really is a matter of dealing with your late uncle's estate and the law is clear enough I think in that regard.