Mother and Baby Institutions Payment Scheme

This Scheme is designed to provide financial and enhanced medical card supports to certain groups by way of acknowledgment of the conditions to which residents in Mother and Baby County Home Institutions suffered in. Enhanced medical services can include GP services, home nursing, home support, physiotherapy, counselling etc. The scheme came into operation in March of 2024.

The Mother and Baby Institutions Payment Scheme Act 2023 established the scheme. An office of the named Chief Deciding Officer has been set up by the Department of Children / Equality tasked with dealing with applications. Residency eligibility criteria for this scheme are detailed in the act. There is a timeframe for the deciding officer to assess the application which is helpful. This is an application to be presented to the said party with the required detail in essence. The deciding officer can request information from the person or seek information vis a vis affidavit. A person can do this application themselves or seek the assistance from a solicitor if they wish.

If the person lives outside Ireland the financial payments in the scheme operate in the same way.

Certain institutions are relevant for general payment, work related payment and health supports and certain institutions are relevant for general payment and health supports.

The Scheme is also open to applicants who are the personal representatives of those who have since died.

Applicants do not have to provide records documenting their time spent in the Mother and Baby Homes. What is required is that you name the institution and detail arrival an department times as best as is possible. If you cannot provide this or if you cannot recall the name of the institution, one might be able to get the information by making a Date Subject Access Request. If the person was adopted, important information could be obtained from birth information and a tracing service.

The following documents will be required:

• Certified copy of your Passport or
• Certified copy of your Driving Licence or
• Certified copy of Public Services Card or equivalent social security card if living outside Ireland.
• Free Travel Card with the photo ID on it

The amount an applicant can receive will depend on the amount of time spent in the institution. The payment structure is made up of:

• a general payment
• a work-related payment
• health supports

Once the application is submitted the application will get a reference number.

A person can receive a Notice of Determination and they must decide to accept or reject it. There is a legal waiver ie the person commits to not bring legal proceedings or discontinue legal proceedings if a general payment or work related payment is accepted. The scheme does provide a legal fees cost provision of €500 plus vat.

If a person wishes to appeal the decision they have 60 days only upon reviewing the decision ie Notice of Determination. The appeals officer can affirm the decision, vary it or refer to matter back to the chief deciding officer.

An appeal to the High Court is only on a point of law.

Persons can get further information about this scheme from the departments website seen here.

Kieran Cleary and Roger Cleary, Personal Injury Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com