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Government's secret plan to block repayment of illegal nursing home charges

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Comments

  • Registered Users, Registered Users 2 Posts: 5,176 ✭✭✭10000maniacs


    I speculate that the thought process in 2010 was, this is €12 Billion. Its a lot of money. We are going to hammer the people with mortgages that they cannot afford into the ground over the next few years. The IMF is forcing us to do it (hammer middle earners into the ground with stealth taxes). Lets ease their burden a bit by not taking another €12 Billion away from them and give it to people who to all intents and purposes have had their mortgages paid off years ago and done well out of the property market up to that point.

    A bit cynical if this is indeed what happened, but necessary at the same time. The last thing the middle earners needed at the time was another €12 Billion hole in our deficit.



  • Registered Users, Registered Users 2 Posts: 2,159 ✭✭✭deirdremf


    Given the little information available at present, it behoves us all to be extremely cautious in what we say and in how we discuss this matter, particularly in view of the fact that full information is not in the public domain.

    That said, the information available points to a group of first-line pols and civil servants having been involved in kicking some of the most vulnerable people in the state for the past decade, and perhaps for several decades.

    IMO this is potentially the largest story in our state's history, and - legal strategy or not - could destroy both of our remaining legacy political parties.



  • Registered Users, Registered Users 2 Posts: 5,176 ✭✭✭10000maniacs


    I am just speculating what maybe the thought process was at the time in Government. Maybe there was more going on or less going on. I don't know as I was not in Government. I had a mortgage though at the time and I was feeling the pinch. I didn't even know this was going on until today.

    But you have to look at the situation through 2010 eyes.



  • Registered Users, Registered Users 2 Posts: 2,159 ✭✭✭deirdremf


    But you have to look at the situation through 2010 eyes.

    Indeed, the eyes that paid all the banks' debts, including the unsecured ones.



  • Registered Users, Registered Users 2 Posts: 272 ✭✭purplefields


    Remember at the next election when you are about to tick your usual FFG box that a spoiled vote is the best way to vote.



  • Registered Users, Registered Users 2 Posts: 7,013 ✭✭✭Allinall




  • Registered Users, Registered Users 2 Posts: 272 ✭✭purplefields


    Incorrect.

    I'm guessing you are one of those FFG voters that ruin it for everyone.



  • Registered Users, Registered Users 2 Posts: 5,176 ✭✭✭10000maniacs


    Yes, and the middle earning taxpayer was the least to blame for that situation. Yet everyone expects everything to fall on them.

    Mica, The property collapse, The housing crisis, the nursing home crisis, Army deafness. Etc



  • Registered Users, Registered Users 2 Posts: 2,628 ✭✭✭StrawbsM


    Could someone explain what the nursing homes/HSE were doing? And are they still doing it?



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  • Registered Users, Registered Users 2 Posts: 2,122 ✭✭✭eggy81


    Where are the cavalry? What’s going on. Not a single post. Unbelievable.



  • Registered Users, Registered Users 2 Posts: 437 ✭✭TipsyMcStagge


    Leaky Leo was out early this morning on newstalk lying and trying to cover his own arse. We are talking about the systematic robbery and theft from vulnerable citizens perpetrated by the state and many different governments encompassing pretty much every single senior government minister this could bring down the government make no mistake. The FG trolls are very quiet today? I thought they'd be on calling this a nothing burger already.



  • Registered Users, Registered Users 2 Posts: 30,290 ✭✭✭✭AndrewJRenko


    It’s the best option if you want to let your neighbours choose the next Government.



  • Registered Users, Registered Users 2 Posts: 5,176 ✭✭✭10000maniacs


    The vulnerable people are the middle income taxpayers who have to cough up the bill at every turn.



  • Registered Users, Registered Users 2 Posts: 7,521 ✭✭✭jmcc



    While "Politically Exposed Persons" (the cronies of politicans), sociopathic bankster scum, and politicians were given preferential treatment, we had to pay their debts. Stop making excuses for these inhumane scumbags. Confiscate the assets of those involved and remove them from any public office permanently.

    Regards...jmcc



  • Registered Users, Registered Users 2 Posts: 9,430 ✭✭✭Quantum Erasure


    It would remind you of that John Grisham film, The Rainmaker...




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  • Registered Users, Registered Users 2 Posts: 6,185 ✭✭✭screamer


    Not shocked, not surprised at all. Anyone who thinks the politicians are in it for anyone but themselves is delusional. Also, it’s the permanent public sector employee in the dail who really run the country not whatever puppet is put in to head the department of whatever.

    we have 0 choice in this country, call themselves whatever they wish, Sinn this, Fianna that, independent whatever, all a bunch of self servers. Me Féin the real political choice for the Irish electorate.



  • Registered Users, Registered Users 2 Posts: 11,392 ✭✭✭✭Furze99


    Maybe this is the same strategy that will be employed for 'mica blocks', 'apartment repairs' and so on. Hopefully as no way can the state keep paying out 'restitution' to large groups like this. Apart from the substantial costs involved, it's immoral as they'll be many others who happen to fall outside some criteria or another and who whilst equally deserving, never get a cent.



  • Registered Users, Registered Users 2 Posts: 437 ✭✭TipsyMcStagge


    Indeed and many of these elderly that were robbed blind and their children who were disinherited were middle income tax payers all their lives. Aren't they entitled to these refunds? The state has acknowledged the illegality of these charges and has acknowledged that refunds are due and in the most cynical reprehensible fashion has set out to deliberately deny people what they are due. This is the most outrageous of cover ups and denial of citizens rights.



  • Registered Users, Registered Users 2 Posts: 437 ✭✭TipsyMcStagge


    Masked evictions? I should think that is solid FG territory there? I see you've gone straight in for the Martin Callinan tactics i.e blackening the whistleblower lessons obviously haven't been learned from that debacle. Is there no corruption you won't excuse? Is there no scandal too much for you? Do you not have any expectations for your public reps at all?



  • Registered Users, Registered Users 2 Posts: 5,402 ✭✭✭keeponhurling


    Does this show that they are in it for themselves?

    This diabolical plan was mainly to save the State money , not excusing it, but still.



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  • Registered Users, Registered Users 2 Posts: 7,755 ✭✭✭MrMusician18


    I think this is different from building defects. If I understand correctly, it looks like the State made charges for nursing home care that it shouldn't have. Since they've settled every time, they quietly acknowledge on an individual level that they were wrong

    When it comes to defective buildings, the State has no legal liability, only a moral one to help citizens in need.



  • Registered Users, Registered Users 2 Posts: 11,392 ✭✭✭✭Furze99


    The state makes charges for all sorts of things and policies change over time. To be facile for a moment, what happens when the state decides all public transport should be free? Going by logic of this, anyone who previously paid a fare should expect a refund as it was free for some all the time and now free for all, so why were they discriminated against etc.



  • Registered Users, Registered Users 2 Posts: 2,310 ✭✭✭mattser


    As Micheál said to HR, " Ah would you ever relax " 😄



  • Registered Users, Registered Users 2 Posts: 2,628 ✭✭✭StrawbsM


    Went and found the answer to my own question. This ombudsman report from 2011 makes interesting reading

    https://www.ombudsman.ie/publications/reports/failure-to-refund-illegal/



  • Registered Users, Registered Users 2 Posts: 7,521 ✭✭✭jmcc


    I am relaxed. That's why I have not advocated the termination with extreme prejudice of those responsible. :)

    Regards...jmcc



  • Registered Users, Registered Users 2 Posts: 7,755 ✭✭✭MrMusician18


    I don't follow your argument..yest the State makes and changes policies all the time. To follow your analogy, if the state had a law saying that public transport was free and then instead day to day charged fares - then you could sue for restitution.

    If the State changed the law to say that public transport is now free, well then tough on all the previous journeys you paid for.

    The issue is that the State seemingly charged for nursing home care when it had no legal grounds to and then frustrated efforts of families to get their money back, and did everything quietly in order to not draw attention to payments it did make. This was to ensure that people who had grounds to seek compensation, did not.



  • Registered Users, Registered Users 2 Posts: 29,752 ✭✭✭✭blanch152


    How do you make out that an election will be called this week?



  • Registered Users, Registered Users 2 Posts: 4,101 ✭✭✭spaceHopper


    No he's right, vote for your preferred candidate(s) then look at the rest, if there are two left that you don't like pick the one you would be least unhappy to see get elected. Fine if you want to stop at some point but they don't care about spoiled votes. If you don't like any of them the vote in order of least objectionable. PR elections is really about vote management.

    Don't have anything on the house or car that will give them an indication of how you will vote. If they knock your door, be nice to the runner who is screening people to meet the candidate, let them think you might vote for them. Then when they bring down the candidate to meet you - reel them in and let them have it.

    If you rant at them they'll just keep the TD away from you. Make a point of, sorry I can't support you party because my kids are never going to own their own home if you are in power. If you ditched the leader or housing minister I'd think about it.

    If the Government doesn't fall before summer 2024 the next elections will be local elections which will be a good indication to the government how they will fair in a general election. If they do badly then the leaders will get ditched.





  • My late father was cared for in a public nursing home for 5 years from 1996-2001 when he died. I remember my then 81 year old mother becoming aware of the illegality of the charge and claimed a refund which she got. No lawyer was employed, but she was a dab hand at getting the upper hand of authorities and getting things done.



  • Registered Users, Registered Users 2 Posts: 25,070 ✭✭✭✭My name is URL


    "As far as I know I haven't seen it and didn't at the time but..."

    Nursing home fees issue is complex, says Varadkar (rte.ie)

    LMFAO



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  • Registered Users, Registered Users 2 Posts: 24,719 ✭✭✭✭Larbre34


    Before the days of fair deal, there was never any entitlement to free care in a private nursing home facility, just because a person had a medical card. There still isn't!

    Thats not what medical cards do, or ever did.

    If people put their hands in their own pockets to fund private care, thats their own business, there is no bail out for that.

    This isn't just a nothing burger, its a nothing burger with everything on it, a side of fries and a milkshake.



  • Registered Users, Registered Users 2 Posts: 4,843 ✭✭✭jackboy


    If it really was a nothing then the secret efforts to hide it would not have been made. This will be government ending.



  • Registered Users, Registered Users 2 Posts: 2,628 ✭✭✭StrawbsM


    Read the ombudsman link I quoted above. The health boards put people into private homes because they had no room in the public ones



  • Registered Users, Registered Users 2 Posts: 29,752 ✭✭✭✭blanch152




  • Registered Users, Registered Users 2 Posts: 29,752 ✭✭✭✭blanch152


    Water charges made sense but the mob wasn't listening. You are correct about this but the mob won't listen.

    The pitchforks will be out for you and your sensible views.



  • Registered Users, Registered Users 2 Posts: 25,070 ✭✭✭✭My name is URL


    Do you believe that Leo or Martin did not know of this? Yes or no



  • Posts: 15,362 ✭✭✭✭ [Deleted User]


    The Taoiseach added that the State has never accepted the argument that people who paid for private nursing home charges were entitled to their money back.


    He added: "The State has never conceded that but there have been some cases that have been settled and it will be the case from time to time that Government departments will settle cases but they are not all settled.


    "There was never a test case that went to trial. It needs to be looked into properly but the way it was presented on Sunday, the real picture is a lot more complex than that."

    That last line is the important one. The govt strategy was to make sure that NONE ever went to trial so as to avoid discovery.

    I think its a pretty damned safe bet that any ongoing cases will refuse to settle at this point and will proceed to full trial. It will only take a single case to go to trial and the govt is fkd



  • Registered Users, Registered Users 2 Posts: 5,176 ✭✭✭10000maniacs


    The elderly were robbed blind of what? Ridiculous statement.

    You are not automatically entitled to a free slot in a nursing home. Its means tested among other suitability tests, medical card or not.



  • Registered Users, Registered Users 2 Posts: 25,070 ✭✭✭✭My name is URL


    Skeletons in Micheal Martin's closet | Magill

    ...It centres on the scandal that emerged in 2005 of elderly patients who were charged for public beds in nursing homes. The episode is summarised by Fintan O'Toole in "Enough is Enough: How to Build a New Republic".

    "About €2 billion had been taken unlawfully by the state from vulnerable citizens. Who was responsible?

    "In 2003 the Minister for Health Micheal Martin (along with his special advisors and junior ministers) was given a briefing document that disclosed the scandal, but did nothing. Why? Because, he explained, he did not read the brief. Here is evidence to an Oireachtas committee on the question of responsibility (the Travers report was a bland official report on the affair).


    From 2011 - Skeletons in Micheal Martin's closet | Magill



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  • Registered Users, Registered Users 2 Posts: 24,719 ✭✭✭✭Larbre34


    I marched against the water charges to be honest.

    Not because water charges are inherently bad, but because the genesis of Irish Water was. Catastrophic actually. And I was right then too.

    But sorry to anyone who thinks some historic feelings of inequity about nursing home costs are going to bring down the Government, because they are not.

    Its wartime in Europe and turbulent economic and political times in America and China. This is senior hurling time and contrived "scandals" by a few disgruntled eejits won't be bringing down any Government any time soon.

    The election is in 25 months, make your choice then.



  • Moderators, Sports Moderators Posts: 28,161 Mod ✭✭✭✭Podge_irl


    The Ombudsman looked in detail at the circumstances in which Mrs Coffey was placed in the Roscommon home. Her placement there came about following an arrangement entered into between the NAHB and the Roscommon home which, at the relevant time in 2003, was being managed by a former NAHB Director of Services for Older Persons who was on leave of absence. He had offered the NAHB 20 beds in the home at a preferential rate. The NAHB placed Dublin people (including Mrs Coffey) in the Roscommon nursing home and agreed to pay the home, in full, for each patient covered by the arrangement. The NAHB then collected charges from the patients and/or their families. This arrangement differed from that applying to other patients in the home who were being assisted under the Nursing Home Subvention Scheme; subvented patients, as private patients, were responsible for paying the fees due directly to the nursing home.

    Sounds like a recipe to make sure the HSE never again go out of their way to come up with different ways to help patients and their families.



  • Registered Users, Registered Users 2 Posts: 29,381 ✭✭✭✭end of the road



    and rightly so as their views are not sensible but are condoning and supporting the covering up of illegal activity.

    water charges don't and didn't make sense hence the quite right, lack of support.

    nothing to do with mobs, just right and wrong, and once again FFG are wrong as per.

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Registered Users, Registered Users 2 Posts: 11,392 ✭✭✭✭Furze99


    It's politically sensitive I guess. I had an elderly relative in a nursing home for about 10 years in subsequent 'Fair Deal' scheme. Over this time, the state stripped out much of their savings assets and a good portion of value of property owned. I think all their pension was taken into account as well.

    Having paybacks to one set of relatives for the latter 1900s and leaving the other more recent groups of relatives screwed isn't going to go down very well politically either.



  • Moderators, Sports Moderators Posts: 28,161 Mod ✭✭✭✭Podge_irl


    Whatever about how its judged politically, I can't see anything illegal in this.



  • Registered Users, Registered Users 2 Posts: 29,381 ✭✭✭✭end of the road



    if it wasn't illegal then the government wouldn't need to try and block people from getting the refunds they are entitled to since everything would be on their side and they would have all the proof needed to show it.

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



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  • Registered Users, Registered Users 2 Posts: 5,176 ✭✭✭10000maniacs


    The faux outrage reminds me of the build up of momentum to the army deafness fiasco or the water charges protests.



  • Registered Users, Registered Users 2 Posts: 6,185 ✭✭✭screamer


    Absolutely does show they were in it for themselves. No money for them this time, but saving face, THE most important thing a politician must do…..



  • Moderators, Sports Moderators Posts: 28,161 Mod ✭✭✭✭Podge_irl


    They are not blocking anything and no one is entitled to anything. They are settling certain cases out of court, somewhat so as to not set a precedent that might potentially entitle other litigants to compensation.

    The "entitlement" is entirely theoretical and has not been tested in court - it is not uncommon for defendants to settle to avoid such a scenario. Your point is the equivalent of saying "if you've done nothing wrong you have nothing to fear" which is not the advice given in numerous legal scenarios. All of this is perfectly legal. The political judgement is for the electorate.



  • Registered Users, Registered Users 2 Posts: 29,381 ✭✭✭✭end of the road



    they are blocking people from being refunded for being over-charged knowingly.

    if there was nothing illegal they wouldn't pay out.

    there is no legal precedent to be set as the government have already set it by paying out, admitting they were wrong.

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Moderators, Sports Moderators Posts: 28,161 Mod ✭✭✭✭Podge_irl


    Reaching a settlement doesn't set a precedent. This is a very basic point of law I'm afraid. The settlements very much don't involve admitting anything - its part of the point of settling.

    They are not blocking anything. They are competing claims and settling some. Again, you can claim whatever political fallout you want. But it is categorically not illegal.



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