Public nursing homes have been told to halt the practice of holding pension books for elderly patients and paying them allowances.
The Health Service Executive (HSE) has advised nursing homes to return thousands of pension books to elderly people in their care.
Patients who are able to manage their own finances should have their books returned, the HSE said. If a patient cannot, the book should be returned to a guardian.
The Government rushed emergency legislation through the Dáil and Seanad last month after the attorney general said the practice of charging elderly nursing home residents for their care by making deductions from their pensions was legally unsound.
The issue went before the Supreme Court after President Mary McAleese asked the body to test the legislation's constitutionality.
The legislation gives the Government retrospective power to charge residents of State care institutions by deducting up to 80 per cent of their pensions.
The Supreme Court has until the end of February to deliver its ruling.
Nursing homes have been suspected by patient advocacy groups of continuing to hold pension books in case the Court ruled in favour of the Government.
A spokesperson from Age Action Ireland called it an "abuse of the elderly."
The HSE said patients were not being charged while the Court was considering its decision.