HSE gave me a medical card but not for my SOn??please advise

PHIGRAN · 10-12-2011 11:49AM #1

I am a seperated Dad(not legally yet) i have been granted a GP only medical card, but only me, they wouldn't issue one for my son as they said that the child is always assumed to be with the mother, she receives the child benefit so therefore, according to them, she must apply for a card for her and DS. But we know she would'nt qualify as she doesn't have the mortgage , creche costs etc. We sent them a letter from the family support agency saying that we are currently in mediation to draw up the separation agreement , and they stated in their letter that DS is cared for 50-50 , ie , i have him 15 days out of every 30, so therefore a card for DS should be issued to him . But they are saying its the law?? that the child is always assumed to be the primary carer, even if we have a agreement which states 50-50, they seem hung up on the fact that other half is the payee for the child benefit, even though she gives me "X" amount out of it per month for bits and pieces which we also stated.. Is their anything in the law about this?? Basically , medical card for me is a waste as i have full private care through my employer, the card is really for my son, and now they wont give him on because i am the DAD!! Is there anyway around this? is htis legal? is it not discrimination??

johnnyskeleton · 10-12-2011 12:37PM

Perhaps try the social welfare and benefits forum for someone who works in the areas views.I think it's under biz.

Kristopherus · 10-12-2011 12:52PM

If you have full healthcare through your employer, why dion't you hand back the Medical Card. Regardless of whether you attend a doc or not, that doc gets a retainer just for having you on his/her panel. You were granted a GP Card as your means are too high for a full card. Your son will/ may get a GP card only as well. The HSE are correct in interpreting the law in your current circumstance. Until a court decrees otherwise, the mother is always considered to be the primary carer in Irish law.Is it out of the question that your wife apply for a card for the child? If your child has abnormal need of medical treatment, then it is possible to get a card for him only, but the application must come through the mother. Good luck with it all.

MagicSean · 10-12-2011 01:02PM

Surely as part of the seperation agreement you can come to a solution for this. Perhaps you can both contribute to insurance for your son.

BrianD · 10-12-2011 03:27PM

How on earth can somebody on private medical insurance be granted a medical card?

No wonder we're in trouble!

FreudianSlippers · 10-12-2011 04:24PM

Moved to State Benefits.

dudara · 11-12-2011 04:56PM

OP - please don't use abbreviations like DS. The meaning of those abbreviations isn't clear to all users.

BrianD Helpful posting only please.

dudara

Lugh Ildanach · 12-12-2011 01:34PM

I am not aware of any published policy or legislation which says that only the mother can claim a medical card for the child. All the legislation talks about dependent children, and therefore if you satisfy the criteria for the medical card, and your child is dependent on you, then the child would appear to have an entitlement also.

Indeed section 59(12) of the Health Act 1970 includes any child (under 16) of the applicant as being defined as a "dependent". The relevant section is set out in the Medical Card Assessment Guidelines, and can be found at page 70 here http://www.hse.ie/eng/services/Find_a_Service/entitlements/Medical_Cards/mcgpvcguidelines.pdf

If you have been formally refused, then you can appeal the decision.

Lugh Ildanach · 12-12-2011 01:49PM

And if you don't get anywhere with HSE appeals process, go to the Ombudsman.

HSE gave me a medical card but not for my SOn??please advise

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