The number of applications submitted to the HSE from voluntary hospitals and health agencies seeking to continue making top-up or additional payments to senior executives in excess of official pay rates has increased over recent weeks.

In a new update to the Oireachtas Joint Committee on Health and Children, the HSE said it had now received 73 cases from hospitals and agencies – known as Section 38 organisations – which argued that senior personnel had a contractual entitlement to the payments. The agencies sought approval to "red circle" the payments on a personal-to-holder basis.

The HSE said the number of such cases submitted had increased from 67 to 73 between July and September.

"In reviewing all 73 submissions, the HSE has carefully considered all elements of its own legal advice in respect of the contractual documentation supplied by the agencies and has submitted the documentation to the Department of Health for consideration . . . and a decision is awaited," it said.

"Where deemed appropriate, the department may seek to liaise with the Department of Public Expenditure and Reform. "

The HSE, in its update, said there were a further 14 cases in which agencies indicated that a contractual entitlement to the payments existed but documentary evidence was awaited. It said it would be the end of October before a full report on the conclusion to the top-up payment controversy was finalised for submission to the committee.MARTIN WALL