Legalize / Ireland / Act

Nursing Homes Support Scheme Act 2009

Type Act

Publication 2009-07-01

Last updated 2025-03-06

State In force

Source Irish Statute Book

articles 71

Reform history JSON API

PART 1 Preliminary and General

1. Short title.

1.— This Act may be cited as the Nursing Homes Support Scheme Act 2009.

2. Commencement.

2.— This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

3. Interpretation.

3.— (1) In this Act, unless the context otherwise requires—

F1["Act of 2021" means the Nursing Homes Support Scheme (Amendment) Act 2021;]

F2["Act of 2022" means the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022;]

“ancillary State support” has the meaning assigned to it by section 15;

“application for State support” means an application for State support under section 9 (1);

“approved nursing home”—

(a) means, before the date on which section 104 of the Health Act 2007 is commenced in so far as that section relates to the repeal of those sections of the Health (Nursing Homes) Act 1990 referred to in Part 1 of Schedule 1 to the Health Act 2007, a nursing home—

(i) which is registered under the Health (Nursing Homes) Act 1990,

(ii) in respect of which there is in force an agreement in writing, between the proprietor of the nursing home and a designated person, as to the maximum amount that will be charged for the provision in the nursing home of such care services as are specified in the agreement which fall within paragraph (a)(ii) of the definition of “long-term residential care services” (or classes of such care services) to those persons who are maintained in the nursing home and who have made an application for State support, and

(iii) in respect of the registered proprietor of which a certificate under section 1095 (as substituted by section 127(b) of the Finance Act 2002) of the Taxes Consolidation Act 1997 is in force,

(b) means, on and after the date referred to in paragraph (a), a nursing home—

(i) which is registered under the Health Act 2007 as a designated centre within the meaning of that Act or in respect of which a person is carrying on the business of the nursing home pursuant to section 69(2), (3) and (4) of that Act,

(iii) in respect of the registered provider of which a certificate under section 1095 (as substituted by section 127(b) of the Finance Act 2002) of the Taxes Consolidation Act 1997 is in force;

“approved nursing home agreement”, in relation to care services provided by an approved nursing home, means the agreement referred to in paragraph (a)(ii) or (b)(ii) of the definition of “approved nursing home” which is in force in respect of that nursing home;

“assessed weekly means” has the same meaning as it has in Schedule 1;

“authorised person” has the same meaning as it has in section 17;

“care needs assessment”, in relation to a person, means an assessment of the care needs of the person carried out under section 7;

“care needs assessment report”, in relation to a person, means the report under section 7 (4) in respect of the care needs assessment of the person;

“care representative” means a person appointed to be a care representative pursuant to section 21;

“care services” means long-term residential care services;

“charge” includes a mortgage;

F1["chargeable land" has the meaning assigned to it bysection 14B;]

“child” includes a step-child;

“cost”—

(a) in relation to care services provided by the Executive, means the cost, determined by the Executive in accordance with section 33(3) and (4), of such care services,

(b) in relation to care services provided on behalf of the Executive, means the cost of such care services as referred to in section 33 (5),

(c) in relation to care services provided by an approved nursing home, means the amount charged by the proprietor of that nursing home as respects the provision of care services, being an amount not greater than the maximum amount specified in relation to the provision of care services specified in the approved nursing home agreement entered into by the proprietor of that nursing home;

“couple” has the meaning assigned to it by section 4;

“deferred relevant event” has the meaning assigned to it by section 20;

“designated person” means the person designated under section 40;

F2["eligible rental income" has the meaning assigned to it bySchedule 1;]

“estimated market value” has the meaning assigned to it by Schedule 1;

“Executive” means the Health Service Executive;

F1["family successor" has the meaning assigned to it bySchedule 1;]

F1["farm" has the meaning assigned to it bySchedule 1;]

F1["farming" has the meaning assigned to it bySchedule 1;]

“financial assessment” means an assessment carried out under section 10;

“ financial assessment report” means the report prepared in accordance with section 10;

“financial support” means—

(a) State support,

(b) ancillary State support, or

“information” includes—

(a) documents,

(b) without prejudice to the generality of paragraph (a), instruments, certificates and statutory declarations, and

“long-term residential care services”—

(a) subject to paragraph (b), means—

(i) maintenance, health or personal care services, or any combination thereof, provided by or on behalf of the Executive to a person—

(I) whilst the person resides in and is maintained in a facility—

(A) that is publicly designated in writing by the Executive as a facility predominantly for the care of older people, which designation shall, subject to section 33(2), specify the health or personal care services to be provided at that facility, and

(B) in which nursing care is provided on the basis that at no time should there be less than one registered nurse present in the facility who is available to provide nursing care for the persons maintained in the facility, and

(II) subject to subsection (2), for—

(A) a period of not less than 30 consecutive days, or

(B) periods in the aggregate amounting to not less than 30 days within a period of 12 consecutive months, or

(ii) maintenance, health or personal care services, or any combination thereof, provided to a person whilst the person resides in and is maintained in an approved nursing home—

(I) in which nursing care is provided on the basis that at no time should there be less than one registered nurse present in the approved nursing home who is available to provide nursing care for the persons maintained in the approved nursing home, and

(II) subject to subsection (2), for—

(A) a period of not less than 30 consecutive days, or

(B) periods in the aggregate amounting to not less than 30 days within a period of 12 consecutive months,

(b) does not include—

(i) medically acute care and treatment in an acute hospital,

(ii) respite care,

(iii) rehabilitative care for—

(I) a period of less than 12 consecutive months, or

(II) periods in the aggregate amounting to less than 12 months within a period of 24 consecutive months, or

(iv) out-patient services made available pursuant to section 56 of the Health Act 1970;

“Minister” means the Minister for Health and Children;

“mortgage” includes a charge;

“nursing home” has the meaning assigned to it by section 2 of the Health (Nursing Homes) Act 1990 and includes an institution referred to in section 2(1)(h) of that Act;

F1["particular family asset", in relation to a family successor, means the asset or assets in relation to which the family successor was appointed undersection 14A,14F,14G,14H,14Kor14L;]

“partner”, in relation to a person who is a member of a couple, means the person who is the other member of the couple;

“principal residence” has the meaning assigned to it by Schedule 1;

“proprietor”—

(a) in relation to a facility referred to in paragraph (a)(i) of the definition of “long-term residential care services”, means the person who has agreed in writing with the Executive to be the proprietor of the facility for the purposes of the performance of the functions imposed under this Act on the proprietor of such a facility,

F3[(b) in relation to an approved nursing home, means the registered provider, within the meaning ofsection 2of theHealth Act 2007, of the nursing home or the person who is carrying on the business of the nursing home pursuant to section 69 of that Act;]

“registered medical practitioner” means a registered medical practitioner within the meaning of the Medical Practitioners Act 2007;

“registered nurse” means a person whose name is entered in the register of nurses maintained under section 27 of the Nurses Act 1985;

“relative”, in relation to a person, means a parent, step-parent, child, grandchild, brother, step-brother, sister, step-sister, uncle, aunt, nephew or niece of the person;

“relevant assets” has the meaning assigned to it by Schedule 1;

F1["relevant business" has the meaning assigned to it bySchedule 1;]

“relevant event” has the meaning assigned to it by section 19;

“relevant facility” means a facility which falls within paragraph (a)(i)(I) of the definition of “long-term residential care services ”;

“relevant subvention” has the meaning assigned to it by section 7 (inserted by section 3 of the Health (Nursing Homes) (Amendment) Act 2007) of the Health (Nursing Homes) Act 1990;

F1["repayment event" has the meaning assigned to it bysection 14I;]

F1["revoked", in relation to a determination of the Executive undersection 14C(2) (a), means revoked undersection 14G(12)or14I(3);]

F1["running the family asset", in relation to a specified asset or a particular family asset, means—

(a) where the specified asset or the particular family asset is a farm, farming the farm, and

(b) where the specified asset or the particular family asset is a relevant business, carrying on the relevant business;]

“Scheme” means the Nursing Homes Support Scheme established under section 5;

“social insurance contribution” means any contribution which falls within section 6(1)(a), (b), (c) or (d) of the Social Welfare Consolidation Act 2005;

“specified”, in relation to a form, means a form specified under section 44;

F1["specified asset" has the meaning assigned to it bysection 14A;]

“State support” means a payment made by the Executive in accordance with the Scheme following an application for such support to assist a person in meeting the cost of care services;

“suitable”, in relation to a person (who may be an employee of the Executive) and a function to be performed under this Act, means that, in the opinion of the Executive, the person has the necessary qualifications, training or experience, or combination thereof, to perform that function;

“transfer”, in relation to an asset or income, means the transfer by sale or gift of that asset or income and references to “ transferred” shall be construed accordingly;

“transferred asset” has the meaning assigned to it by Schedule 1;

“transferred income” has the meaning assigned to it by Schedule 1.

(2) Where the Executive is satisfied that a person who is or is to be provided with care services is unlikely to ever cease to require care services during the person’s lifetime, then paragraph (a)(i)(II) or (a)(ii)(II), as the case may be, of the definition of “long-term residential care services” shall not apply in the case of that person.

4. Couples.

4.— (1) In this Act, “couple” means—

(a) two persons married to each other,

(b) a man and woman who are not married to each other but are cohabiting as husband and wife, or

(c) two persons of the same sex who are cohabiting in domestic circumstances comparable to that of a man and woman who are not married to each other but are cohabiting as husband and wife,

who are habitually living together at the date of the making of an application for State support by either or both of them or at the date of the commencement of the provision of care services to either or both of them.

(2) For the purposes of this section—

(a) a couple referred to in paragraph (b) of subsection (1) shall not be considered as habitually living together unless they have been cohabiting in the manner referred to in that paragraph,

(b) a couple referred to in paragraph (c) of subsection (1) shall not be considered as habitually living together unless they have been cohabiting in the manner referred to in that paragraph,

for a period of not less than 3 years immediately preceding the date of the making of an application for State support by either or both of them or at the date of the commencement of the provision of care services to either or both of them.

(3) Notwithstanding subsection (2), a person shall be considered as habitually living together with the other member of the couple where—

(a) either of them resides in or enters a relevant facility or approved nursing home for the purposes of being provided with care services,

(b) both of them reside in or enter a relevant facility or approved nursing home for the purposes of being provided with care services,

(i) a physical or mental condition of the person concerned, or

(ii) the imprisonment, or the taking into lawful custody, of the person concerned, or

(d) both of them reside in or enter an institution (of whatever kind) for purposes related to—

(i) a physical or mental condition of the person concerned, or

(ii) the imprisonment, or the taking into lawful custody, of the person concerned.

PART 2 Establishment of Scheme and Application for State Support

5. Establishment of Scheme.

5.— (1) On the coming into operation of this section there is established a scheme to be known as the Nursing Homes Support Scheme to be operated under and in accordance with this Act.

(2) The Scheme is established for the purpose of giving financial support under this Act in respect of care services in accordance with this Act out of the resources allocated to the Scheme in each year in accordance with subsection (4) and shall consist of the provision of financial support in respect of care services for the purposes of and in accordance with the provisions of this Act and any guidelines issued under section 35.

(3) It shall be a function of the Executive to operate and administer the Scheme.

(4) In the financial year 2009 and in each subsequent financial year the Executive shall, out of such monies as are available to it for that financial year from monies provided by the Oireachtas, allocate such amount as the Minister determines, with the consent of the Minister for Finance, for the provision of financial support under this Scheme in that financial year.

(5) The Scheme established by this Act shall be operated subject to the principles that—

(a) applicants who are determined by the Executive to need care services in accordance with section 7(8)shall be informed of the names and addresses of all relevant facilities and approved nursing homes, and

(b) subject to section 12(2) and subject to the availability of a long-term residential care bed, the applicant may select the relevant facility or approved nursing home in which to receive care services.

6. Persons who may apply for State support under Scheme.

6.— (1) This section applies to a person ordinarily resident in the State—

(a) in respect of whom an application for a care needs assessment has been made,

(b) in respect of whom the Executive has determined under section 7(8)(a) that the person needs care services,

(c) who, on the coming into operation of this paragraph, is being provided with care services by the Executive or on behalf of the Executive, or

(d) who, on the coming into operation of this paragraph, is being provided with care services by an approved nursing home.

(2) A person may not make an application for, or receive, State support unless the person is a person to whom this section applies.

7. Care needs assessment.

7.— (1) (a) A person ordinarily resident in the State, other than a person referred to in paragraph (c) or (d) of subsection (1) of section 6, who wishes to make an application for State support shall apply for a care needs assessment.

(b) A person ordinarily resident in the State, who is a person referred to in paragraph (c) or (d) of subsection (1) of section 6, who wishes to make an application for State support may apply for a care needs assessment.

(2) Where it appears to a specified person that—

(a) a person ordinarily resident in the State may need care services, and

(b) that person, by reason of ill-health, a physical disability or a mental condition, is unable to make an application for a care needs assessment,

the specified person may apply to the Executive for a care needs assessment on behalf of that person.

(3) An application for a care needs assessment shall be made to the Executive in the specified form.

(4) Upon receipt of an application for a care needs assessment, the Executive shall, as soon as reasonably possible, make arrangements for a care needs assessment to be carried out and a report on that assessment to be provided to the Executive.

(5) The assessment referred to in subsection (4) shall be carried out by persons (who may be employees of the Executive) who, in the opinion of the Executive, are suitably qualified to make that assessment and prepare a report in relation to the assessment.

(6) A care needs assessment of a person shall comprise an evaluation of—

(a) the person’s ability to carry out the activities of daily living, including—

(i) the cognitive ability,

(ii) the extent of orientation,

(iii) the degree of mobility,

(iv) the ability to dress unaided,

(v) the ability to feed unaided,

(vi) the ability to communicate,

(vii) the ability to bathe unaided, and

(viii) the degree of continence,

of the person,

(b) the family and community support that is available to the person,

(c) the medical, health and personal social services being provided to or available to the person both at the time of the carrying out of the assessment and generally,

(d) any other matter that affects the person’s ability to care for himself or herself, and

(e) the likelihood of a material alteration in the circumstances referred to in paragraphs (a) to (d) during the lifetime of the person.

(7) A care needs assessment may include an examination of the person concerned by, as appropriate, a registered medical practitioner, a registered nurse, an occupational therapist or a chartered physiotherapist, or any combination thereof.

(8) Where the Executive receives a care needs assessment report in respect of a person, it shall, after considering the report as soon as practicable after its receipt, make a determination—

(a) that the person needs care services, or

(b) that the person does not need care services,

as it thinks appropriate in the circumstances of the case, and where the Executive determines that the person needs care services, the Executive may also make a determination that it is unlikely that the person will ever cease to require care services during the person’s lifetime.

(9) The Executive shall, not later than 10 working days after making a determination under subsection (8), give notice in writing of the decision—

(a) to the person, and

(b) in the case of an application made under subsection (2),to the specified person.

(10) The notification shall be accompanied by—

(a) a copy of the care needs assessment report in respect of the determination, and

(b) the reasons for the determination.

(11) Where a care needs assessment is carried out, this shall not be construed as meaning that the Executive will provide or will arrange for the provision of any service identified in the assessment as being appropriate to meet the needs of the person or that the Executive has an obligation to provide or arrange for the provision of any such service.

(12) Subject to subsection (11), the content of a care needs assessment report may be used by the Executive for the purposes of considering what other health services or personal social services may be appropriate for the person.

(13) The content of a care needs assessment report may be provided to a relevant facility or approved nursing home with the prior consent of the person who is the subject of the report.

(14) In this section “specified person” has the same meaning as it has in section 47.

(15) In respect of any application for a care needs assessment by a specified person, the Executive may refuse to deal with the specified person if the Executive is not satisfied that such specified person is acting in the best interests of the person.

8. Review of care needs assessment.

8.— Where the determination of the Executive under section 7(8)is that a person does not need care services, that person or a specified person may—

(a) subject to paragraph (b), not earlier than 6 months after the date on which that determination was made, make a further application under that section for a care needs assessment,

(b) before the expiration of 6 months after the date on which that determination was made, make a further application under that section for a care needs assessment if—

(i) the person satisfies the Executive that, since the person’s last care needs assessment, there has been a material change in the person’s health or circumstances which warrants the application being made, or

(ii) the application is accompanied by a certificate in the specified form—

(I) issued by a registered medical practitioner who has—

(A) seen the person’s most recent care needs assessment report, and

(B) examined the person since the person’s most recent care needs assessment,

(II) stating—

(A) the date of the examination, and

(B) that, in the opinion of the practitioner, there has been a material change in the person’s health or circumstances which warrants the application being made, and

(III) signed by the practitioner.

9. Application for State support.

9.— (1) A person to whom section 6 applies may make an application to the Executive in the specified form for State support under the Scheme.

(2) It shall be a condition of every application for State support that the applicant, and in the case where the applicant is a member of a couple, the applicant and his or her partner, shall furnish all information which the Executive may request in connection with the consideration of the application.

(3) The Executive may refuse to consider or further consider an application for State support if—

(a) the application does not comply with subsection (1), or

(b) the applicant or his or her partner fails to provide the Executive with such information as may be requested by the application form or such additional information as the Executive may reasonably require to enable it to determine the application.

(4) Where the Executive refuses under subsection (3) to consider or further consider an application for State support, it shall, not later than 10 working days after the refusal, give the applicant notice in writing of the decision and the reasons for the decision.

(5) Any person who knowingly, or recklessly, gives the Executive information which is false or misleading in a material particular in, with, or in connection with, an application for State support is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 3 months or both.

10. Financial assessment of means.

10.— (1) Where the Executive receives an application for State support, the Executive shall make arrangements for a financial assessment of the person to be made by a suitable person who shall prepare and furnish a report on such assessment to the Executive.

F5[(2) The financial assessment shall be carried out—

(a) in the case of a person who is not a member of a couple, in accordance with the provisions ofPart 1orPart 1A, as appropriate, andPart 3ofSchedule 1, and

(b) in the case of a person who is a member of a couple, in accordance with the provisions ofPart 2orPart 2A, as appropriate, andPart 3ofSchedule 1.]

(3) (a) The arrangements referred to in subsection (1) may include requests for information from, and interviews with, the person concerned, the person’s partner or any representative (whether appointed under section 21 or otherwise) of the person.

(b) The Executive and the suitable person concerned may request, receive and consider records and information relating to the person to whom the application relates and his or her partner whether received pursuant to section 45 or otherwise.

(4) Where the Executive wishes to establish the estimated market value of any item, it may ascertain such value in such manner and by such means as it thinks appropriate and may authorise a suitable person to, if appropriate, inspect the item and report to it the value of the item for the purposes of this Act.

(5) Where the Executive authorises a valuation under subsection (4), the costs of the valuation shall be defrayed by the Executive.

(6) The Executive is not bound by any valuation accompanying an application for State support.

(7) Where information requested under subsection (3) is not furnished by or on behalf of the person or the person concerned within 40 working days from the date of the request, or such longer period as the Executive permits in any particular case, the suitable person concerned may report such fact to the Executive which may refuse to consider or further consider the application.

(8) Where the Executive refuses under subsection (7) to consider or further consider an application, it shall, not later than 10 working days after the refusal, give the person notice in writing of the decision and the reasons for the decision.

11. Determination of application for State support.

11.— (1) Subject to sections 7, 31 and 38 of the Health Act 2004 and section 5, the Executive shall, having considered the financial assessment report, determine an application for State support in accordance with the method of calculation of State support set out in section 14.

(2) Where the Executive makes a determination that State support be paid in respect of a person, the determination may include a direction that, subject to sections 12 to 14, such support be payable on and from—

(a) a date specified by the Executive, or

(b) from the date of the occurrence of an event specified by the Executive.

(3) Where the Executive makes a determination under subsection (1), it shall, not later than 10 working days after the determination, give notice in writing to the person of the decision and the reasons for the decision.

(4) (a) Subject to paragraph (b) the Executive shall not make a determination that State support be paid in respect of a person referred to in section 6(1)(a), unless the Executive has determined under section 7(8)(a) that the person needs care services.

(b) Paragraph (a) does not apply to a person referred to in section 6(1)(c) or (d).

(5) Where the Executive has—

(a) made a determination under section 7 (8)(a) that a person needs care services (other than such a determination made in respect of a person to whom paragraph (c) or (d) of subsection (1) of section 6 applies), and

(b) made a determination that State support be paid in respect of such person,

the determination referred to in paragraph (b) shall not have effect prior to the determination referred to in paragraph (a).

12. Provision of State support and ancillary State support.

12.— (1) State support shall be provided to a person—

(a) in the case of care services falling within paragraph (a)(i) of the definition of “long-term residential care services”, by the transfer by the Executive of the appropriate amount of State support to the relevant facility,

(b) in the case of care services falling within paragraph (a)(ii) of the definition of “long-term residential care services”, by the payment by the Executive of the appropriate amount of State support to the proprietor of the approved nursing home in which the person resides and is being maintained.

(2) A person applying for State support or making a request for payment of ancillary State support shall not be entitled to receive such support and the Executive shall not be obliged to pay or continue to pay such support unless the care services in relation to which the person is seeking payment have been identified by the care needs assessment as being appropriate to the person receiving care services.

(3) Subsection (2) does not apply to a person referred to in section 6(1)(c) or (d).

13. Provision of State support (transitional care services).

13.— (1) This section applies where a person was being provided with transitional care services or care services by an approved nursing home immediately prior to the coming into operation of section 6(1)(d), and the person concerned has made an application for State support which application has been determined.

(2) Subject to subsections (3) to (5), nothing in this section shall of itself operate to require the Executive to provide State support to a person in respect of any period for which the person was provided with transitional care services or care services before the determination of the application for State support in respect of that person.

(3) Subject to subsections F6[(3A),] (4) and (5), the Executive shall provide State support to the person in a case to which subsection (1) refers with effect from the date of the commencement of section 6(1)(d).

F7[(3A)Subsection (3)shall cease to have effect as respects a person who makes an application for State support after the coming into operation ofsection 6of the Health (Amendment) Act 2013.]

(4) The amount of State support payable by reason of subsection (3) shall be reduced by the amount of any relevant subvention paid.

(5) Subsection (3) shall not operate to prejudice any obligation of a person to pay the proprietor of an approved nursing home such portion of the total weekly cost of transitional care services or care services otherwise due by that person as is not discharged by the payment of State support pursuant to this section.

(6) In this section, “transitional care services” means care services referred to in paragraph (a)(ii) of the definition of “long-term residential care services” provided by a nursing home, before the commencement referred to in paragraph (d) of section 6(1), as if paragraphs (a)(ii) and (b)(ii) of the definition of “approved nursing home” were deleted.

14. Calculation of amount of State support.

14.— (1) The amount of State support payable in respect of a person under the Scheme shall be expressed as a weekly amount and shall be determined on the basis of the assessed weekly means determined in accordance with sections 10 and 11 and by applying the equation:

S = T - M

where—

S is the weekly amount of State support,

T is the total weekly cost of the care services provided to the person concerned, and

M is the assessed weekly means of the person.

(2) Where, in the application of the equation specified in subsection (1), M is an amount equal to or greater than T, then S shall be taken to be a nil amount.

14A. F8[Application for appointment of family successor: farm or relevant business

14A.—(1) This section applies where—

(a) the Executive has made a determination undersection 7(8)(a)that a person (in this section referred to as the "relevant person") needs care services,

(b) the Executive has made a determination undersection 11(1)in relation to the relevant person,

(d) the relevant person or his or her partner falls into one or more of the following categories—

(i) he or she has an interest in a farm,

(ii) he or she has an interest in a relevant business,

(iii) he or she had an interest in a farm which is a transferred asset, or

(iv) he or she had an interest in a relevant business which is a transferred asset.

(2) On the application of the relevant person, the Executive shall—

(a) if satisfied that the conditions insubsection (3)are met, appoint the person specified in the application as the family successor in respect of the relevant person in relation to the interest that the relevant person has or had or, in the case of a relevant person who is a member of a couple, the interest that each member of the couple has or had in the specified asset, or

(b) if not so satisfied, refuse the application.

(3) The conditions referred to insubsection (2)(a)are—

(a) that the person specified in the application has attained the age of 18 years and is—

(i) the partner of the relevant person,

(ii) a relative of the relevant person or of the relevant person’s partner, or

(iii)F9[a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin,]of the relevant person or of the relevant person’s partner,

(b) that the relevant person declares by way of statutory declaration that, in relation to the specified asset, for a period of 3 years (which period need not be continuous) during the period of 5 years ending with the day on which the relevant person began to receive care services, a substantial part of the working time of—

(i) the relevant person,

(ii) the person specified in the application,

(iii) a person appointed as a family successor in respect of the relevant person,

(iv) a person who meets the condition undersubsection (3)(a)and is specified in any other application made by the relevant person under this section which has not been refused undersubsection (2)(b), or

(v) the relevant person’s partner, was regularly and consistently applied to running the family asset,

(i) it became a transferred asset on its transfer by the relevant person or by the relevant person’s partner to the person specified in the application,

(ii) it continues to be held as a transferred asset by the person specified in the application, and

(iii) the person specified in the application undertakes by way of statutory declaration to repay any sums for which he or she may become liable by virtue ofsection 14J(11),

(d) that the person specified in the application undertakes by way of statutory declaration that, if appointed as a family successor in respect of the relevant person undersubsection (2), a substantial part of that person’s normal working time will regularly and consistently be applied to running the family asset for the period of 6 years beginning on the date of the appointment,

(e) that, except where the application relates to a relevant business which does not include an interest in land situated within the State—

(i) in a case where the specified asset is not a transferred asset, the relevant person, the relevant person’s partner and any other owner of the specified asset, or

(ii) in a case where the specified asset is a transferred asset, the person specified in the application and any other owner of the transferred asset,

each consent to the creation by virtue ofsection 14B(1)of a charge in favour of the Executive against the interest in the chargeable land in respect of the specified asset,

(f) that, where the specified asset is a transferred asset, each owner of the transferred asset consents to the making of the application, and

(g) that, where the relevant person is a member of a couple—

(i) except for any application under this section in relation to which a repayment event has occurred or in such other circumstances as may be prescribed, the relevant person’s partner has not made an application under this section, and

(ii) the relevant person’s partner consents to the making of the application by the relevant person.

(4) The reference to "care services" insubsection (3)(b)shall be construed as a reference to the type of services referred to inparagraph (a)or(b)that the relevant person first received if before receiving care services the relevant person received—

(a) transitional care services within the meaning ofsection 13, or

(b) services in a nursing home which services would, if they had been provided after the coming into operation of the definition of "approved nursing home", have come within the meaning of the definition of "long-term residential care services".

(5) For the purposes ofsubsection (3)(c)it is immaterial whether the transfer was made—

(a) to the person specified in the application solely, or

(b) jointly to the person specified in the application and any other person or persons.

(6) Subject tosubsection (7), the Executive may appoint more than one person as a family successor in respect of the relevant person in accordance with this section where it is satisfied that the conditions insubsection (3)have been met in respect of each person specified in an application made under this section.

(7) The Executive may not—

(a) appoint more than one person as the family successor in respect of the relevant person in relation to the interest which the relevant person and his or her partner had in a specified asset which is a transferred asset, or

(b) appoint 2 or more persons jointly as the family successors in respect of the relevant person in relation to the interest which the relevant person and his or her partner have in a specified asset.

(8) An application under this section shall be made in the specified form.

(9) In deciding an application under this section—

(a) the Executive may request information from, and interviews with, the relevant person, the relevant person’s partner, the person specified in the application and any representative (whether appointed undersection 21or otherwise) of the relevant person, and

(b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner and the person specified in the application whether received pursuant tosection 45or otherwise.

(10) The persons referred to insubsection (9)shall furnish all information and attend any interviews which the Executive may request in accordance with this section.

(11) The Executive may refuse to consider or further consider an application under this section if a person referred to insubsection (9)fails to provide the Executive with such information as may be requested by the application form or under that subsection within 40 working days from the date of the request.

(12) Where the Executive refuses undersubsection (11)to consider or further consider an application under this section, it shall, not later than 10 working days after the refusal, give the relevant person, the relevant person’s partner and the person specified in the application notice in writing of the decision and the reasons for the decision.

(13) The Executive shall, not later than 10 working days after granting or refusing an application under this section, give notice in writing to the relevant person, the relevant person’s partner and the person specified in the application of the decision and the reasons for the decision.

(14) In this section, "specified asset", in relation to an application under this section, means—

(a) any farm or farms specified in the application,

(b) any relevant business or businesses specified in the application,

(c) any farm which is a transferred asset, or any farms which are transferred assets, and which is (or are) specified in the application, and

(d) any relevant business which is a transferred asset, or any relevant businesses which are transferred assets, and which is (or are) specified in the application.]

14B. F10[Charge against interest in chargeable land

14B.—(1) Where—

(a)paragraphs (a)and(b)ofsection 14C(1)apply in relation to a person (in this section referred to as the "relevant person"),

(b) the Executive is satisfied that the conditions inparagraphs (a)to(f)ofsection 14C(4)have been met in respect of the relevant person in relation to a particular family asset, and

(c) the relevant person or the partner of the relevant person or, in the case of a transferred asset, the family successor has an interest in the particular family asset,

the Executive shall make an order in accordance with this section charging the interest in the chargeable land in respect of the particular family asset with the secured amount.

(2) The Board of the Executive may appoint a person or persons who is or are employees of the Executive to make orders undersubsection (1)and each such order shall be deemed to have been executed by the Executive under the seal of the Executive in compliance with paragraph 1 of Schedule 2 to the Health Act 2004.

(3) An order made undersubsection (1)shall be deemed to be a legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009 in favour of the Executive for a charge of the secured amount and to have been executed at the time of the making of the order.

(4) The Executive shall from the date of the making of the order undersubsection (1)—

(a) be deemed to be a mortgagee of the property for the purposes of Part 10 of the Land and Conveyancing Law Reform Act 2009 , and

(b) have, in relation to the charge referred to insubsection (1), all the powers conferred by that Act on mortgagees under mortgages made by deed.

(5) Where the Executive makes an order undersubsection (1), it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate.

(6) An order made undersubsection (1)affecting an interest in land which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in such order as the owner of the land is or is not registered under that Act as the owner of such land, and the Property Registration Authority shall, on application being made to it, register such order affecting the land concerned.

(7) Any amount paid by way of increase in State support by virtue of a determination undersection 14C(2)(a)in respect of a relevant person and calculated in accordance withsection 14D(3), whether or not it is the subject of a mortgage arising by reason of this section, may, without prejudice to any other power in that behalf, be recovered by the Executive as a simple contract debt in any court of competent jurisdiction.

(8) For the avoidance of doubt, neither an order made undersubsection (1)nor a mortgage that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976 or section 28 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .

(9) Subject tosubsection (10), notwithstanding any rule of law or statutory provision, where a mortgage is created by reason of an order undersubsection (1)and registered in the Registry of Deeds or the Land Registry as appropriate and a subsequent mortgage is created in favour of a party other than the Executive, the Executive is entitled to priority over any subsequent mortgage in respect of amounts paid by the Executive by way of increase in State support by virtue of a determination undersection 14C(2) (a)in respect of a relevant person after the date of the subsequent mortgage whether the Executive did or did not have notice of such subsequent mortgage.

(10)Subsection (9)does not apply as respects a subsequent mortgage where the Executive has consented in writing to such subsequent mortgage subject to any conditions specified in that consent.

(11) The relevant person, his or her partner, the family successor and any other person who has an interest in the chargeable land shall have an obligation to give all reasonable assistance to the Executive as the Executive may request to facilitate the registration of an order undersubsection (1)in the Land Registry or Registry of Deeds.

(12) Where a relevant asset of the relevant person or of the relevant person’s partner ceases to be chargeable land for a reason not related toparagraph (b)of the definition of "chargeable land" insubsection (18)—

(a) (i) in the case of a relevant asset which is not a transferred asset, the relevant person (or the relevant person’s care representative, if any) or, if applicable, the relevant person’s partner (or the partner’s care representative, if any), or

(ii) in the case of a relevant asset which is a transferred asset, the family successor,

shall, as soon as is practicable after the occurrence of such cesser but, in any case, not later than 10 working days after the occurrence of such cesser, give notice in writing to the Executive of the cesser and the date on which it occurred, and

(b) the Executive shall cease to make payments of such amount of increase in State support payable by virtue of a determination undersection 14C(2)(a)in respect of the relevant person which relates to the former chargeable land as calculated in accordance withsection 14D(3).

(13) Where the relevant person or, as the case may be, the relevant person’s partner or the family successor transfers any part of an interest in the chargeable land that person shall give notice of such transfer to the Executive within 10 working days of the date of the transfer.

(14) Amounts paid by way of increase in State support by virtue of a determination undersection 14C(2)(a)in respect of a relevant person shall be deemed to have been paid to and for the benefit of the relevant person or, in the case of a person who is a member of a couple, to and for the benefit of both members of the couple or, in the case of a transferred asset, to and for the benefit of the family successor and any other person who has an interest in the transferred asset.

(15) Where amounts are paid by way of increase in State support by virtue of a determination undersection 14C(2)(a)which by reason ofsubsection (14)are deemed to have been advanced to both members of a couple, the liability of the members of the couple in relation to such advances shall be joint and several.

(16) (a) An order made undersubsection (1)shall be in the form prescribed by regulations made undersection 36, and may be made—

(i) by an appointed person, and

(ii) in electronic form.

(b) Where an order undersubsection (1)is made in electronic form, an appointed person may transmit the order by electronic means to the Property Registration Authority for registration in the Land Registry, and the Property Registration Authority may effect registration of the order if—

(i) it is lodged by electronic means in a manner approved by, and

(ii) it complies with the requirements specified by,

the Property Registration Authority.

(17) Where an order undersubsection (1)made in electronic form purports to have been made by an appointed person it shall be presumed by the Property Registration Authority that such electronic document was made and transmitted by the person by whom it purports to have been made and transmitted.

(18) In this section—

"appointed person" means a person appointed by the Board of the Executive for the purposes of—

(a) making orders undersubsection (1),

(b) transmitting orders by electronic means to the Property Registration Authority in accordance withsubsection (16), and

(c) making an application to the Property Registration Authority for the cancellation of an entry of a charge on the register of the property charged where such charge relates to an order created under this section;

"chargeable land" means an asset which is a relevant asset of the relevant person or of the partner of the relevant person, or of both of them, and which—

(a) comprises or forms part of a particular family asset,

(b) is an asset which is included in the computation of the assessed weekly means of a person, and

"interest in the chargeable land" means—

(a) the interest of the relevant person,

(b) in the case of a relevant person who is a member of a couple, the interest of each member of the couple, or

(c) in the case of a transferred asset, the interest that the relevant person had or, in the case of a relevant person who is a member of a couple, the interest that each member of the couple had,

in the chargeable land;

"secured amount", in relation to chargeable land, means the aggregate of all amounts payable by way of increase in State support by virtue of a determination undersection 14C(2)(a)in respect of a relevant person by the Executive (whether before or after the making of an order undersubsection (1)) and calculated in accordance withsection 14D(3)together with interest thereon calculated in accordance withsection 14J(5)and which amounts relate to the interest in the chargeable land.]

14C.—(1) This section applies where—

(a) a person is receiving care services (in this section referred to as the "relevant person"),

(b) one or more family successors have been appointed in respect of the relevant person in relation to a particular family asset, and

(c) the relevant person has received any combination of relevant services for a period of 3 years (which period need not be continuous).

(2) The Executive shall—

(a) if satisfied that the conditions insubsection (4)are met, make a determination that, with effect from the date specified in the determination,paragraph 6BofPart 3ofSchedule 1applies in respect of the relevant person in relation to the particular family asset, or

(b) if not so satisfied, make a determination thatparagraph 6BofPart 3ofSchedule 1does not apply in respect of the relevant person in relation to the particular family asset.

(3) Where the Executive makes a determination undersubsection (2)(a), the date specified in the determination shall not be earlier than the later of the following dates—

(a) the date by which the relevant person has received any combination of relevant services for a period of 3 years (which period need not be continuous), or

(b) the date on which a family successor was appointed underF12[section 14A,14Kor14L]in respect of the relevant person in relation to the particular family asset.

(4) The conditions referred to insubsection (2)(a)are—

(a) that, where a family successor was appointed in respect of the relevant person undersection 14A—

(i) the family successor has complied with the undertaking given by him or her undersubsection (3)(d)of that section since the appointment, and

(ii) where the family successor was appointed in respect of a transferred asset, it continues to be held as a transferred asset by the family successor (whether it is held solely by the family successor or jointly with another person or persons),

(b) that, where a family successor was appointed undersection 14G, the family successor has complied with the undertaking given by him or her undersubsection (4)(b)of that section since the appointment,

(c) that, where a family successor was appointed undersection 14H, the family successor has complied with the undertaking given by him or her undersubsection (5)(b)of that section since the appointment,

(d) that, where a family successor was appointed undersection 14K, the family successor has complied with the undertaking given by him or her undersubsection (3)(e)of that section since the appointment,

(e) that, where a family successor was appointed undersection 14L, the family successor has complied with the undertaking given by him or her undersubsection (3)(f)of that section since the appointment,

F12[(f) that, in the opinion of the Executive, had a determination undersubsection (2)(a)been made (and, accordingly, hadsection 14Iapplied), a repayment event would not otherwise have occurred in respect of that person in relation to the particular family asset, and]

(g) that, where the condition insection 14A(3)(e),14G(4)(d),14H(5)(d),14K(3)(f)or14L(3)(g)applies, an order has been made undersection 14B(1)in relation to the chargeable land.

(5) For the purposes of making a determination under this section—

(a) the Executive may request information from, and interviews with, the relevant person, the relevant person’s partner, the family successor or family successors and any representative (whether appointed undersection 21or otherwise) of the relevant person, and

(b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner and the family successor or family successors whether received pursuant tosection 45or otherwise.

(6) The persons referred to insubsection (5)shall furnish all information and attend any interviews which the Executive may request in accordance with this section.

(7) The Executive may refuse to make a determination under this section if a person referred to insubsection (5)fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request.

(8) Where the Executive refuses undersubsection (7)to make a determination under this section, it shall, not later than 10 working days after the refusal, give the relevant person, the relevant person’s partner and the family successor or family successors notice in writing of the decision and the reasons for the decision.

(9) The Executive shall, not later than 10 working days after making a determination under this section, give notice in writing to the relevant person, the relevant person’s partner and the family successor or family successors of the determination and the reasons for the determination.

(10) In this section, "relevant services" means—

(a) care services (including any care services received before the coming into operation of section 5 of the Act of 2021),

(b) transitional care services within the meaning ofsection 13,

(c) services in a nursing home which services would, if they had been provided after the coming into operation of the definition of "approved nursing home" insection 3, have come within the meaning of the definition of "long-term residential care services" insection 3.]

14D. F13[Duties of Executive on determination under section 14C(2)(a)

14D.—(1) This section applies where the Executive makes a determination undersection 14C(2)(a)F14[or14M(3)]in respect of a person (in this section referred to as the "relevant person").

(2) Where the determination that has been made undersection 11(1)in respect of the relevant person does not take account of the determination undersection 14C(2)(a)F14[or14M(3)], the Executive shall—

(a) determine the revised amount of State support payable in respect of the relevant person in accordance with the method of calculation of State support set out insection 14, and

(b) not later than 10 working days after the determination underparagraph (a), give notice in writing to the relevant person, the relevant person’s partner and, in the case of a transferred asset, the family successor (or family successors) of the revised amount and the date from which it is payable.

(3) During the period where the determination undersection 14C(2)(a)F14[or14M(3)]has effect in respect of the relevant person, the Executive shall also calculate, in accordance with the method set out insubsection (4), the amount of the increase in State support payable in respect of the relevant person by virtue of that determination.

(4) The method referred to insubsection (3)is that the Executive shall calculate the difference between—

(a) the amount that the assessed weekly value of relevant assets would be if the interest in the particular family asset were a relevant asset, and

(b) the amount that is the assessed weekly value of relevant assets.

(5) The Executive shall keep records of—

(a) amounts calculated undersubsection (3)and calculations relating to them,

(b) each particular family asset to which these amounts relate, and

14E. F15[Review of compliance with conditions

14E.—(1) This section applies where the Executive has made a determination undersection 14C(2)(a)in respect of a person in relation to a particular family asset, that determination has not been revoked so far as relating to that particular family asset and—

(a) the person is receiving care services, or

(b) the person has died since the making of the determination andsection 14F(2),(3),(6)or(9)applies in relation to the particular family asset.

(2) A person referred to inparagraph (a)or(b)ofsubsection (1)is referred to in this section as the "relevant person".

(3) On at least one occasion during the relevant period, the Executive shall arrange for a review to be carried out for the purpose of ascertaining whether a repayment event has occurred in respect of the relevant person.

(4) The Executive may at any other time during the relevant period arrange for a review to be carried out for the purpose referred to insubsection (3).

(5) In carrying out a review under this section—

(a) the Executive may request information from, and interviews with, the family successor or family successors, the relevant person, the relevant person’s partner and any representative (whether appointed undersection 21or otherwise) of the relevant person, and

(b) the Executive may request, receive and consider records and information relating to the family successor or family successors, the relevant person and the relevant person’s partner whether received pursuant tosection 45or otherwise.

(6) The persons referred to insubsection (5)shall furnish all information which the Executive may request in accordance with this section within 40 working days from the date of the request.

(7) If a person referred to insubsection (5)fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall make a decision undersection 14I(2)(a).

(8) Having carried out a review under this section—

(a) where the Executive is satisfied that a repayment event has not occurred in respect of the relevant person in relation to the particular family asset, the Executive shall make a decision that a repayment event has not so occurred, or

(b) where the Executive does not make a decision in accordance withparagraph (a), the Executive shall make a decision undersection 14I(2)(a).

(9) The Executive shall, not later than 10 working days after making a decision undersubsection (8) (a), give notice in writing to the relevant person, the relevant person’s partner, the relevant person’s care representative (if any) and the family successor of the decision and the reasons for the decision.

(10) In this section, "relevant period", means the period beginning on the date specified in the determination undersection 14C(2)(a)and ending on the date of the expiry of the period referred to in—

(a) where the relevant person’s family successor was appointed undersection 14A,subsection (3)(d)of that section,

(b) where the relevant person’s family successor was appointed undersection 14F,subsection (8)(b)of that section,

(d) where the relevant person’s family successor was appointed undersection 14H,subsection (5)(b)of that section,

(e) where the relevant person’s family successor was appointed undersection 14K, the first period referred to insubsection (3)(e)of that section, or

(f) where the relevant person’s family successor was appointed undersection 14L, the first period referred to insubsection (3)(f)of that section.]

14F. F16[Death of person receiving care services following determination under section 14C(2)(a)

14F.—(1) This section applies where—

(a) a determination is made undersection 14C(2)(a)in respect of a person (in this section referred to as the "relevant person") in relation to a particular family asset,

(b) the relevant person dies,

(d) immediately before the death—

(i) the period to which the undertaking given by the family successor in relation to the particular family asset (in this section referred to as the "current family successor") undersection 14A(3)(d),14G(4)(b)or14H(5)(b)relates has not expired, and

(ii) the determination undersection 14C(2)(a)has not been revoked in respect of the relevant person so far as relating to the particular family asset.

(2) Subject tosections 14E and 14I, any amounts paid by way of increase in State support by virtue of the determination undersection 14C(2)(a)in respect of the relevant person in so far as it relates to a particular family asset for the period ending with the death of the relevant person shall not be repayable to the Executive if—

(a) the particular family asset is not a transferred asset,

(b) the current family successor is the person who is, or one of the persons who are, entitled to succeed on the death of the relevant person to the interest that the relevant person had in the particular family asset (in this section referred to as the "lawful successor"), and

(c) that current family successor notifies the Executive in writing in accordance withsubsection (10)that, with the agreement of—

(i) any other lawful successor or (where there is more than one other lawful successor) lawful successors, and

(ii) where the relevant person was a member of a couple, the partner of the relevant person,

he or she intends to comply with the undertaking given by him or her undersection 14A(3)(d),14G(4)(b)or14H(5)(b)in respect of the relevant person in relation to that particular family asset until the expiry of the period referred to in the section concerned.

(3) In the case of a transferred asset, subject tosections 14Eand14I, any amounts paid by way of increase in State support by virtue of the determination undersection 14C(2)(a)in respect of the relevant person in so far as it relates to that transferred asset for the period ending with the death of the relevant person shall not be repayable to the Executive if the current family successor notifies the Executive in writing in accordance withsubsection (10)that, with the agreement of—

(a) where the relevant person was a member of a couple, the partner of the relevant person, and

(b) any other owner of the transferred asset,

he or she intends to comply with the undertaking given by him or her undersection 14A(3)(d),14G(4)(b)or14H(5)(b)in respect of the relevant person in relation to that transferred asset until the expiry of the period referred to in the section concerned.

(4)Subsections (6)and(7)apply if—

(a) the particular family asset is not a transferred asset,

(b) the current family successor is not the lawful successor or (where there is more than one lawful successor) a lawful successor, and

(c) the lawful successor or (where there is more than one lawful successor) at least one of the lawful successors falls withinsubsection (5).

(5) A lawful successor falls within this subsection if the lawful successor has attained the age of 18 years and is—

(a) the partner of the relevant person,

(b) a relative of the relevant person or of the relevant person’s partner, or

(c)F17[a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin,]of the relevant person or of the relevant person’s partner.

(6) Subject tosections 14Eand14I, any amounts paid by way of increase in State support by virtue of the determination undersection 14C(2)(a)in respect of the relevant person in so far as it relates to the particular family asset for the period ending with the death of the relevant person shall not be repayable to the Executive if—

(a) the current family successor and the lawful successor (or lawful successors) agree that the current family successor should continue to comply with the undertaking given by him or her undersection 14A(3)(d),14G(4)(b)or14H(5)(b)until the expiry of the period referred to in the section concerned, and

(b) they jointly give notice to the Executive of that fact in accordance withsubsection (10).

(7) On the application, in accordance withsubsection (10), of the lawful successor or, where there is more than one lawful successor, on the joint application of both or all of the lawful successors, the Executive shall—

(a) if satisfied that the conditions insubsection (8)are met, make a determination—

(i) revoking the appointment of the current family successor in respect of the relevant person in relation to the particular family asset, and

(ii) appointing the person specified in the application as the family successor in respect of the relevant person in relation to that particular family asset,

(b) if not so satisfied, make a decision undersection 14I(2) (a).

(8) The conditions referred to insubsection (7)(a)are—

(a) that the person specified in the application—

(i) is a lawful successor who falls withinsubsection (5), or

(ii) is not a lawful successor but has attained the age of 18 years and falls within any ofparagraphs (a)to(c)ofsubsection (5),

(b) that the person specified in the application undertakes by way of statutory declaration that, if appointed as the family successor under this section, a substantial part of that person’s normal working time will regularly and consistently be applied to running the family asset during the period beginning on the date of his or her appointment under this section and ending on the date of the expiry of the period to which the undertaking given by the current family successor undersection 14A(3)(d),14G(4)(b)or14H(5)(b)in relation to that particular family asset relates,

(c) that, where the relevant person was a member of a couple, the relevant person’s partner consents to the making of the application, and

(d) that, in the opinion of the Executive, a repayment event has not occurred in relation to the particular family asset.

(9) Subject tosections 14Eand14I, where the Executive makes a determination undersubsection (7)(a), any amounts paid by way of increase in State support by virtue of the determination undersection 14C(2)(a)to the relevant person in so far as it relates to the particular family asset for the period ending with the death of the relevant person shall not be repayable to the Executive.

(10) Notice undersubsection (2)(c),(3)or(6)(b)shall be given, or an application undersubsection (7)shall be made, before the expiry of the period of 6 months beginning on the date of death of the relevant person.

(11) In reckoning the period referred to insubsection (8)(b)orsection 14A(3)(d),14G(4)(b)or14H(5)(b), the period beginning on the date of death of the relevant person and ending on the date of the making of an appointment undersubsection (7)(a)shall be disregarded.

(12) In deciding an application under this section—

(a) the Executive may request information from, and interviews with, the relevant person’s partner, the person specified in the application, the current family successor, the lawful successor (or, where there is more than one, either or any of them) and any representative (whether appointed undersection 21or otherwise) of the relevant person, and

(b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner, the person specified in the application, the current family successor and the lawful successor (or, where there is more than one, either or any of them) whether received pursuant tosection 45or otherwise.

(13) The persons referred to insubsection (12)shall furnish all information and attend any interviews which the Executive may request in accordance with this section.

(14) If a person referred to insubsection (12)fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall make a decision undersection 14I(2)(a).

(15) The Executive shall, not later than 10 working days after making a determination under this section, give notice in writing to the relevant person’s partner, the person specified in the application, the lawful successor (or the lawful successors) and the current family successor of the determination and the reasons for the determination.

(16) An application under this section shall be made in the specified form.]

14G. F18[Death or change in circumstances of family successor

14G.—(1) This section applies where—

(a) a person is or has been receiving care services (in this section referred to as the "relevant person"),

(b) a family successor has been appointed (in this section referred to as the "current family successor") in respect of the relevant person in relation to a particular family asset,

(c) the current family successor dies or is no longer able to comply with the undertaking given by him or her undersubsection (4)(b),section 14A(3)(d),F19[14F(8)(b), 14H(5)(b), 14K(3)(e)or14L(3)(f)],

(d) the period to which the undertaking referred to inparagraph (c)relates has not expired, and

(e) where a determination was made undersection 14C(2) (a)in respect of the relevant person in relation to the particular family asset, that determination has not been revoked so far as relating to that particular family asset.

(2) On the application of the relevant person, the Executive may—

(a) if satisfied that the conditions insubsection (4)are met, make a determination—

(i) revoking the appointment of the current family successor in respect of the relevant person in relation to the particular family asset, and

(ii) appointing the person specified in the application as the family successor in respect of the relevant person in relation to that particular family asset,

F19[(b) if not so satisfied—

(i) where a determination was made undersection 14C(2)(a)in respect of the relevant person in relation to the particular family asset, make a decision undersection 14I(2)(a), or

(ii) in any other case, refuse the application.]

(3) Where the relevant person has died, the application undersubsection (2)shall be made by the person who holds, or the persons who hold, the interest that the relevant person had in the particular family asset or such other person as may be prescribed.

(4) The conditions referred to insubsection (2) (a)are—

(a) that the person specified in the application has attained the age of 18 years and is an appropriate person,

(b) that the person specified in the application undertakes by way of statutory declaration that, if appointed as the family successor under this section, a substantial part of that person’s normal working time will regularly and consistently be applied to running the family asset during the period beginning on the date of his or her appointment under this section and ending on the date of the expiry of the period to which the undertaking given by the current family successor under this paragraph orsection 14A(3)(d),F19[14F(8)(b),14H(5)(b),14K(3)(e)or14L(3)(f)]in relation to that particular family asset relates,

(c) that if all or part of the particular family asset is a transferred asset, the person specified in the application undertakes by way of statutory declaration to repay any sums for which he or she may become liable by virtue ofsection 14J(11),

(i) in a case where the particular family asset is not a transferred asset, the relevant person, the relevant person’s partner and any other owner of the particular family asset, or

(ii) in a case where the particular family asset is a transferred asset, the person specified in the application and any other owner of the transferred asset,

each consent to the creation by virtue ofsection 14B(1)of a charge in favour of the Executive against the interest in the chargeable land in respect of the particular family asset,

(e) that, where the particular family asset is a transferred asset, each owner of the transferred asset consents to the making of the application,

(f) that, where the relevant person is or was a member of a couple, the relevant person’s partner consents to the making of the application, and

F19[(g) that, in the opinion of the Executive—

(i) where a determination has been made in respect of the relevant person undersection 14C(2)(a), a repayment event has not occurred in respect of the relevant person in relation to the particular family asset, or

(ii) where a determination undersection 14C(2)(a)has not been made but, had such a determination been made (and, accordingly, hadsection 14Iapplied), a repayment event would not have occurred in respect of that person in relation to the particular family asset.]

(5) An application undersubsection (2)shall be made before the expiry of the period of 6 months beginning on—

(a) in a case where the current family successor has died, the date of death of the family successor, or

(b) in a case where the current family successor is no longer able to comply with the undertaking given undersubsection (4)(b)orsection 14A(3)(d),F19[14F(8)(b),14H(5)(b),14K(3)(e)or14L(3)(f)], the date on which it first comes to the Executive’s attention that the family successor is no longer able to comply with that undertaking.

(6) In reckoning the period referred to insubsection (4)(b)orsection 14A(3)(d),F19[14F(8)(b),14H(5)(b),14K(3)(e)or14L(3)(f)]—

(a) wheresubsection (5) (a)applies, the period beginning on the date of death of the family successor, or

(b) wheresubsection (5)(b)applies, the period beginning on the date on which it first comes to the Executive’s attention that the family successor is no longer able to comply with the undertaking given undersubsection (4)(b)orsection 14A(3)(d),F19[14F(8)(b),14H(5)(b),14K(3)(e)or14L(3)(f)],

and ending on the date of the making of an appointment undersubsection (2) (a)shall be disregarded.

(7) In determining an application under this section—

(a) the Executive may request information from, and interviews with, the relevant person, the relevant person’s partner, any representative (whether appointed undersection 21or otherwise) of the relevant person and, where appropriate, the current family successor, the person specified in the application and the lawful successor, and

(b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner and, where appropriate, the current family successor, the person specified in the application and the lawful successor whether received pursuant tosection 45or otherwise.

(8) The persons referred to insubsection (7)shall furnish all information and attend any interviews which the Executive may request in accordance with this section.

F19[(9) If a person referred to insubsection (7)fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall—

(a) where a determination was made undersection 14C(2)(a)in respect of the relevant person in relation to the particular family asset, make a decision undersection 14I(2)(a), or

(b) in any other case, refuse to consider or further consider an application under this section.]

F19[(10) The Executive shall, not later than 10 working days after making a determination or refusing an application under this section, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor, the lawful successor and the person specified in the application of the determination or decision and the reasons for the determination or decision.]

F20[(10A) Where the Executive refuses undersubsection (9)(b)to consider or further consider an application under this section, it shall, not later than 10 working days after the refusal, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor, the lawful successor and the person specified in the application of the decision and the reasons for the decision.]

(11)Subsections (12)and(13)apply where—

(a) the current family successor has died,

(b) the particular family asset is a transferred asset,

(d) the lawful successor notifies the Executive before the expiry of the period of 6 months beginning on the date of death of the current family successor that no application is to be made under this section, and

(e) before the death of the current family successor a determination was made undersection 14C(2) (a)in relation to the particular family asset which had not been revoked.

(12) The determination undersection 14C(2)(a)is revoked with effect from the date of death of the current family successor in relation to the particular family asset.

(13) Any amounts paid or payable by way of increase in State support by virtue of the determination undersection 14C(2)(a)in respect of the relevant person in so far as it relates to the particular family asset for the period ending with the death of the current family successor shall not be repayable to the Executive by reason only of that determination having been revoked.

(14) An application under this section shall be made in the specified form.

(15) In this section, "appropriate person" means—

(a) where the particular family asset is not a transferred asset—

(i) the partner of the relevant person,

(ii) a relative of the relevant person or of the relevant person’s partner, or

(iii)F19[a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin,]of the relevant person or of the relevant person’s partner,

(b) where—

(i) the particular family asset is a transferred asset,

(ii) the current family successor has died, and

F19[(iii) the person or one of the persons entitled to succeed to the current family successor’s estate on the death (in this section referred to as the "lawful successor") is—

(I) the partner of the relevant person,

(II) a relative of the relevant person or of the relevant person’s partner,

(III) a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin, of the relevant person or of the relevant person’s partner, or

(IV) the partner of the current family successor,]

that person, or

(i) the particular family asset is a transferred asset, and

(ii) the current family successor is no longer able to comply with the undertaking given undersubsection (4)(b)orsection 14A(3)(d),F19[14F(8)(b),14H(5)(b),14K(3)(e)or14L(3)(f)],

the current family successor’s partner.]

14H. F21[Change of family successor following transfer of particular family asset

14H.—(1) This section applies where—

(a) a person is or has been receiving care services (in this section referred to as the "relevant person"),

(b) a family successor has been appointed (in this section referred to as the "current family successor") in respect of the relevant person in relation to a particular family asset,

(c) the period to which the undertaking undersubsection (5)(b)orsection 14A(3)(d),F22[14F(8)(b), 14G(4)(b), 14K(3)(e)or14L(3)(f)]relates has not expired, and

(d) where a determination was made undersection 14C(2)(a)in respect of the relevant person in relation to the particular family asset, that determination has not been revoked so far as relating to that particular family asset.

(2) An application may be made undersubsection (3)where a particular family asset has been transferred to—

(a) the partner of the relevant person,

(b) a relative of the relevant person or of the relevant person’s partner,

(c)F22[a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin,]of the relevant person or of the relevant person’s partner, or

(d) the partner of the current family successor,

by the relevant person or the relevant person’s partner or, in the case of an existing transferred asset, by the current family successor.

(3) On the application of the relevant person, the Executive may—

(a) if satisfied that the conditions insubsection (5)are met, make a determination—

(i) revoking the appointment of the current family successor in respect of the relevant person in relation to the particular family asset, and

(ii) appointing the person specified in the application as the family successor in respect of the relevant person in relation to that particular family asset,

F22[(b) if not so satisfied—

(i) where a determination was made undersection 14C(2)(a)in respect of the relevant person in relation to the particular family asset, make a decision undersection 14I(2)(a), or

(ii) in any other case, refuse the application.]

(4) Where the relevant person has died, the application undersubsection (3)shall be made by the person who holds, or the persons who hold, the interest that the relevant person had in the particular family asset or such other person as may be prescribed.

(5) The conditions referred to insubsection (3)(a)are—

(a) that the person specified in the application has attained the age of 18 years and is a person referred to inparagraph (a),(b),(c)or(d)ofsubsection (2)to whom a particular family asset has been transferred by the relevant person or the relevant person’s partner or, in the case of an existing transferred asset, by the current family successor,

(b) that the person specified in the application undertakes by way of statutory declaration that, if appointed as the family successor under this section, a substantial part of that person’s normal working time will regularly and consistently be applied to running the family asset during the period beginning on the date of his or her appointment under this section and ending on the date of the expiry of the period to which the undertaking given by the current family successor under this paragraph orsection 14A(3)(d),F22[14F(8)(b), 14G(4)(b), 14K(3)(e)or14L(3)(f)]in relation to that particular family asset relates,

(c) that the person specified in the application undertakes by way of statutory declaration to repay any sums for which he or she may become liable by virtue ofsection 14J(11),

(d) that, except where the application relates to a relevant business which does not include an interest in land situated within the State or a charge has already been created in respect of the particular family asset by virtue of section 14B(1), the person specified in the application and any other owner of the particular family asset each consent to the creation by virtue ofsection 14B(1)of a charge in favour of the Executive against the interest in the chargeable land in respect of that particular family asset,

(e) that, where the transfer referred to insubsection (2)was made jointly to the person specified in the application and any other person or persons, such other person or persons each consent to the making of the application,

(f) that, where the relevant person is or was a member of a couple, the relevant person’s partner consents to the making of the application, and

F22[(g) that, immediately before the transfer referred to insubsection (2), in the opinion of the Executive—

(ii) where a determination undersection 14C(2)(a) has not been made but, had such a determination been made (and, accordingly, hadsection 14Iapplied), a repayment event would not have occurred in respect of that person in relation to the particular family asset.]

(6) An application undersubsection (3)shall be made before the expiry of the period of 3 months beginning on the date of the transfer referred to insubsection (2).

(7) For the purposes ofsubsection (5) (a)it is immaterial whether the transfer was made—

(a) to the person specified in the application solely, or

(b) jointly to the person specified in the application and any other person or persons.

(8) In reckoning the period referred to insubsection (5)(b)orsection 14A(3)(d),F22[14F(8)(b), 14G(4)(b), 14K(3)(e)or14L(3)(f)], the period beginning on the date of the transfer of the particular family asset to the person specified in the application and ending on the date of the making of an appointment undersubsection (3) (a)shall be disregarded.

(9) In determining an application under this section—

(a) the Executive may request information from, and interviews with, the relevant person, the relevant person’s partner, any representative (whether appointed undersection 21or otherwise) of the relevant person, the current family successor and the person specified in the application, and

(b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner, the current family successor and the person specified in the application whether received pursuant tosection 45or otherwise.

(10) The persons referred to insubsection (9)shall furnish all information and attend any interviews which the Executive may request in accordance with this section.

F22[(11) If a person referred to insubsection (9)fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall—

(a) where a determination was made undersection 14C(2)(a)in respect of the relevant person in relation to the particular family asset, make a decision undersection 14I(2)(a), or

(b) in any other case, refuse to consider or further consider an application under this section.]

F22[(12) The Executive shall, not later than 10 working days after making a determination or refusing an application under this section, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor and the person specified in the application of the determination or decision and the reasons for the determination or decision.]

F23[(12A) Where the Executive refuses undersubsection (11)(b)to consider or further consider an application under this section, it shall, not later than 10 working days after the refusal, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor and the person specified in the application, of the determination or decision and the reasons for the determination or decision.]

(13) An application under this section shall be made in the specified form.

(14) In this section, "existing transferred asset" means a transferred asset which was a transferred asset immediately before the transfer referred to insubsection (2).]

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.