Nursing Homes Support Scheme Act 2009

14I. F24[Repayment of increase in State support

14I.—(1) This section applies where—

(a) a determination has been made undersection 14C(2)(a)in respect of a person (in this section referred to as the "relevant person"),

(b) the period to which the undertaking in relation to a particular family asset given by the family successor under the relevant provision has not yet expired in relation to that particular family asset,

(c) the relevant person has died or the determination undersection 14C(2)(a)has not been revoked so far as relating to that particular family asset, and

(d) either—

(i)section 14E(7),14E(8)(b),14F(7)(b),14F(14),F25[14G(2)(b)(i),14G(9)(a),14H(3)(b)(i)or14H(11)(a)]applies, or

(ii) it otherwise appears to the Executive that a repayment event may have occurred in respect of the relevant person in relation to the particular family asset.

(2) (a) Having given the relevant person, the family successor, the relevant person’s partner and the person or persons who, in the event of the occurrence of a repayment event, would be primarily accountable for repayment of the repayable amount undersection 14J(11)the opportunity to make representations, the Executive shall—

(i) decide that a repayment event has occurred in respect of the relevant person in relation to the particular family asset, or

(ii) decide that a repayment event has not occurred in respect of the relevant person in relation to the particular family asset.

(b) Representations referred to inparagraph (a)shall, unless the Executive permits otherwise, be made in writing.

(3) Where the Executive has made a decision undersubsection (2)(a)(i)and the relevant person has not died, the determination made undersection 14C(2)(a), in so far as it relates to the particular family asset, shall be revoked.

(4) Where the Executive has made a decision undersubsection (2)(a)(i), the amount of the increase in State support advanced or in the course of being advanced in respect of the relevant person by virtue of the determination made undersection 14C(2)(a), in so far as it relates to the particular family asset, shall become due and payable.

(5) The Executive shall, not later than 10 working days after the date of its decision undersubsection (2)(a), notify the relevant person, the relevant person’s partner and the person or persons who, in the event of the occurrence of a repayment event, would be primarily accountable for repayment of the repayable amount undersection 14J(11)in writing of the decision and the reasons for the decision.

(6) Wheresubsection (3)applies, 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 date of its decision undersubsection (2) (a), give notice in writing to the relevant person of the revised amount and the date from which it is payable.

(7) In this section—

"relevant provision" means—

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

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

(c) where the family successor was appointed undersection 14G,subsection (4)(b)of that section,

(d) where the family successor was appointed undersection 14H,subsection (5)(b)ofF25[that section,]

F26[(e) where the family successor was appointed undersection 14K,subsection (3)(e)of that section, or

(f) where the family successor was appointed undersection 14L,subsection (3)(f)of that section;]

"repayment event", in relation to a relevant person, means—

(a) except in a case wheresection 14Gapplies and the period referred to insection 14G(5)has not yet expired, the failure of a family successor to comply with a relevant provision in relation to a particular family asset (or, where that failure continued for more than one day or is continuing, the first day on which it occurred),

(b) except in the cases referred to insubsections (2),(3)and(6)ofsection 14F, in a case wheresection 14Fapplies and no appointment is made undersection 14F(7)(a)in relation to a particular family asset, the expiry of the period referred to insection 14F(10),

(c) except in the case referred to insection 14G(13), in a case wheresection 14Gapplies and no appointment is made undersection 14G(2)(a)in relation to a particular family asset, the expiry of the period referred to insection 14G(5), or

(d) except in a specified case—

(i) where all or part of a particular family asset to which the determination undersection 14C(2)(a)relates is transferred to a person other than the family successor, or

(ii) in the case of a transferred asset, where all or part of the particular family asset to which the determination undersection 14C(2)(a)relates is transferred to another person,

the expiry of the period of 3 months beginning on the date on which that transfer occurred;

"specified case" means—

(a) a case referred to insection 14F(2),14F(6),14F(9)or14G(13),

(b) a case where an appropriate person within the meaning ofsection 14G(15)(b)is appointed as a family successor undersection 14G(2)(a), or

(c) a case where an appointment is made undersection 14H(3)(a).]

14J. F27[Recovery of sums due under section 14I

14J.—(1) Where the Executive has, by virtue of a determination undersection 14C(2) (a)in relation to a particular family asset, advanced monies by way of an increase in State support andsection 14I(4)applies in respect of a person in relation to that particular family asset, the Executive shall in accordance withsection 14Dcalculate the amount due (in this section referred to as the "repayable amount") and give notice of that amount and particulars of how it is calculated to the relevant accountable person.

(2) (a) The repayable amount together with any interest thereon shall be a debt due and payable to the Executive.

(b) The Revenue Commissioners shall act as agent for the Executive in respect of the collection of monies due to the Executive underparagraph (a).

(3) The Executive shall within the relevant period referred to insubsection (4)notify the Revenue Commissioners of—

(a) the repayable amount,

(b) particulars of how that amount is calculated,

(c) where a charge has been created in respect of the particular family asset by virtue ofsection 14B(1), particulars of the interest in the chargeable land against which the repayable amount is secured,

(d) the repayment event and the date of that event,

(e) the name, Personal Public Service Number and address of—

(i) the person in respect of whom State support was paid (in this section referred to as the "relevant person"),

(ii) where the relevant person is a member of a couple, the partner of that person, and

(iii) the relevant accountable person (if known to the Executive),

and

(f) such other information as the Revenue Commissioners may reasonably require for the purposes of this section.

(4) The relevant period referred to insubsection (3)means—

(a) where no appeal against the decision is brought undersection 32, 10 working days after the expiration of the period specified in that section for bringing an appeal under that section, or

(b) in the case where an appeal is brought undersection 32, 10 working days after the date on which the decision is confirmed on appeal or the appeal is withdrawn, abandoned or otherwise not proceeded with, as the case may be.

(5) Until the repayable amount is discharged to the Revenue Commissioners interest shall continue to accrue, in accordance with regulations made undersection 36, on the repayable amount.

(6) The Revenue Commissioners may furnish to the Executive such information as relates to the collection of the repayable amount and any interest accruing on that amount pursuant to regulations made undersection 36.

(7) (a) The Revenue Commissioners may take all steps which they consider appropriate to recover the repayable amount and interest accrued thereon, including the bringing of legal proceedings in their own name.

(b) In every case where legal proceedings are brought by the Revenue Commissioners pursuant toparagraph (a)the proceedings shall indicate clearly that they are brought pursuant to theNursing Homes Support Scheme Act 2009.

(8) Where, by virtue of a determination undersection 14C(2)(a)in relation to a particular family asset, monies are advanced by the Executive by way of an increase in State support no action shall be commenced by the Revenue Commissioners—

(a) to recover the repayable amount or interest thereon, or

(b) seeking the sale of the particular family asset,

after the expiration of 12 years from the occurrence of the repayment event concerned.

(9) The collection and recovery of a repayable amount shall be under the care and management of the Revenue Commissioners and the Commissioners may do all such acts as may be deemed necessary and expedient for collecting, receiving and accounting for a repayable amount in the like and in as full and ample a manner as they are authorised to do in relation to income tax under their care and management.

(10) Monies received by the Revenue Commissioners under this section shall be paid by the Revenue Commissioners into the Central Fund.

(11) The person primarily accountable for payment of the repayable amount to the Revenue Commissioners shall be—

(a) in the case of a particular family asset which is not a transferred asset:

(i) the relevant person;

(ii) where the relevant person is a member of a couple, the partner of that person;

(iii) where the relevant person is deceased, the personal representative of that person,

or

(b) in the case of a particular family asset which is a transferred asset:

(i) the family successor appointed in relation to the particular family asset;

(ii) any other person who is an owner of the transferred asset;

(iii) where the family successor is deceased, the personal representative of that person.

(12) A person who becomes entitled to an interest in the asset against which the repayable amount is secured shall also be accountable for payment of the repayable amount to the Revenue Commissioners.

(13) (a) The liability of a person referred to insubsection (11)(a)(iii)or(11)(b)(iii)shall not exceed the gross value of the estate of the deceased person concerned less the amount of the funeral and testamentary expenses.

(b) The liability of a person referred to insubsection (12)shall not exceed the amount of the value of the interest in the asset to which the person becomes entitled.

(14) In this section, "relevant accountable person" means—

(a) a person who as respects a particular repayment event is primarily accountable, and

(b) a person who is accountable by reason ofsubsection (12),

for the payment of the repayable amount to the Revenue Commissioners.]

14K. F28[Application by partner for appointment of family successor

14K.—(1) This section applies where—

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

(b) the period to which the undertaking given by that family successor in relation to the particular family asset undersection 14A(3)(d),14F(8)(b),14G(4)(b)or14H(5)(b)relates has not expired,

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

(d) the Executive has made a determination undersection 11(1)in relation to the partner, and

(e) the partner is receiving care services.

(2) On the application of the partner, 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 partner in relation to the interest that the partner and the relevant person has or had in the particular family asset, or

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

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

F29[(a) 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,]

(b) that any determination made undersection 14C(2)(a)has not been revoked,

(c) that the person specified in the application is the family successor appointed in respect of the relevant person,

(d) that the partner declares by way of statutory declaration that, in relation to the particular family asset, for a period of 3 years (which period need not be continuous) during the period of 5 years ending on the date on which the partner began to receive care services, a substantial part of the working time of—

(i) the partner,

(ii) the person specified in the application,

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

(iv) the relevant person,

was regularly and consistently applied to running the family asset,

(e) that the person specified in the application undertakes by way of statutory declaration that, if appointed as a family successor in respect of the partner undersubsection (2), 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 undersubsection (2) (a)and ending on the expiry of the period to which the undertaking given by the family successor in respect of the relevant person undersection 14A(3)(d),14F(8)(b),14G(4)(b)or14H(5)(b)in relation to that particular family asset relates,

(f) 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 particular family asset is not a transferred asset, the partner, the relevant person 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 further charge in favour of the Executive against the interest in the chargeable land in respect of the particular family asset,

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

(h) that the relevant person consents to the making of the application.

(4) The Executive may appoint more than one person as a family successor in respect of the partner in accordance with this section where more than one family successor has been appointed in respect of the relevant person.

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

(6) In deciding an application under this section—

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

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

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

(8) The Executive may refuse to consider or further consider an application under this section if a person referred to insubsection (6)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.

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

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

14L. F30[Application by partner of deceased person for appointment of family successor

14L.—(1) This section applies where—

(a) a family successor has been appointed 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,

(c) immediately before the death, the period to which the undertaking given by that family successor in relation to the particular family asset undersection 14A(3)(d),14F(8)(b),14G(4)(b)or14H(5)(b)relates has not expired,

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

(e) the Executive has made a determination undersection 11(1)in relation to the partner,

(f) the partner is receiving care services, and

(g) the 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 partner, 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 partner in relation to the interest that the partner has or (in the case of a transferred asset) had in the particular family asset, or

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

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

F31[(a) 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,]

(b) that any determination made undersection 14C(2)(a)has not been revoked,

(c) that, where a determination was made undersection 14C(2)(a)in respect of the relevant person, the person specified in the application is the family successor appointed in respect of the relevant person,

(d) that, where no determination was made undersection 14C(2)(a)in respect of the relevant person, the person specified in the application is—

(i) the family successor appointed in respect of the relevant person,

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

(iii)F31[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 partner,

(e) that the partner declares by way of statutory declaration that, in relation to the particular family asset, for a period of 3 years (which period need not be continuous) during the period of 5 years ending on the date on which the partner began to receive care services, a substantial part of the working time of—

(i) the partner,

(ii) the person specified in the application,

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

(iv) the relevant person,

was regularly and consistently applied to running the family asset,

(f) that the person specified in the application undertakes by way of statutory declaration that, if appointed as a family successor in respect of the partner undersubsection (2), 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 undersubsection (2)(a)and ending on the expiry of the period to which the undertaking given by the family successor in respect of the relevant person undersection 14A(3)(d),14F(8)(b),14G(4)(b)or14H(5)(b)in relation to that particular family asset relates,

(g) 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 particular family asset is not a transferred asset, the 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 further charge in favour of the Executive against the interest in the chargeable land in respect of the particular family asset, and

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

(4) Where no determination undersection 14C(2)(a)was made in respect of the relevant person, the period beginning with the appointment of a family successor in respect of the relevant person and ending with the death of the relevant person shall be taken into account in reckoning the period mentioned insubsection (3)(f).

(5) The Executive may appoint more than one person as a family successor in respect of the partner in accordance with this section.

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

(7) In deciding an application under this section—

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

(b) the Executive may request, receive and consider records and information relating to the partner and the person specified in the application 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.

(9) The Executive may refuse to consider or further consider an application under this section if a person referred to insubsection (7)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.

(10) Where the Executive refuses undersubsection (9)to consider or further consider an application under this section, it shall, not later than 10 working days after the refusal, give the partner and the person specified in the application notice in writing of the decision and the reasons for the decision.

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

14M. F32[Determination as to farm or business relief where family successor fulfils undertaking

14M.—(1) This section applies where—

(a) a determination has been 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 period to which the undertaking given by the family successor in relation to the particular family asset undersection 14A(3)(d),14F(8)(b),14G(4)(b)or14H(5)(b)relates expires,

(c) if the relevant person has died, the relevant person’s partner (in this section referred to as "the partner") has an interest in the particular family asset, and

(d) after the expiry of the period mentioned inparagraph (b)—

(i) the Executive has made a determination undersection 7(8)(a)that the partner needs care services,F33[and]

(ii) the Executive has made a determination undersection 11(1)in relation to theF34[the partner.]

(iii)F35[…]

(2) The partner need not make an application under this Act for the appointment of a family successor in relation to the particular family asset.

(3) The Executive shall make a determination that, with effect from the date specified in the determination,paragraph 6BofPart 3ofSchedule 1applies in respect of the partner in relation to the particular family asset.

(4) Where the Executive makes a determination undersubsection (3), the date specified in the determination shall not be earlier than the date by which the partner has received any combination of relevant services for a period of 3 years (which period need not be continuous).

(5) In this section, "relevant services" has the same meaning as insection 14C.]

14N.—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—

(a) an application undersection 14A,14F,14G,14H,14Kor14L,

(b) a notification undersection 14For14G,

(c) a determination undersection 14Cor14M,

(d) a review undersection 14E, or

(e) a decision undersection 14I,

is guilty of an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months or both.]

PART 3 Ancillary State Support

15. Interpretation (Part 3).

15.— In this Part—

“chargeable asset” means an asset other than a transferred asset which is a relevant asset of the person who receives care services or of the partner of such a person, or of both of them, and which—

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

(b) comprises an interest in land, which land is situated within the State;

“ancillary State support” means monies advanced by the Executive by way of loan in accordance with this Part.

16. Ancillary State support.

16.— (1) Ancillary State support may, in accordance with this section, be paid to or in respect of a person—

(a) who has made an application for State support,

(b) in respect of whom a financial assessment has been carried out, and

(c) unless the Executive otherwise determines, with effect on and from, but not prior to, a determination by the Executive that ancillary State support be paid in respect of such person.

(2) Ancillary State support may be paid to or in respect of a person referred to in subsection (1) notwithstanding the fact that State support is not being paid to or in respect of that person.

(3) (a) Ancillary State support shall not be paid to or in respect of a person unless that person (or a care representative of such person) requests that such ancillary State support be paid.

(b) Where the person in respect of whom a request for payment of ancillary State support is made is a member of a couple, the request for payment of such ancillary State support shall be made by both members of the couple (or a care representative of such person).

(4) The request for payment of ancillary State support shall be made in the specified form which form shall incorporate an acknowledgement that payment of ancillary State support results in the creation of a charge in favour of the Executive (which by virtue of this Act is deemed to be a mortgage made by deed) against the interest of the person to whom the payment relates and of the partner of that person in such land as is specified in the request for payment of ancillary State support.

(5) (a) The Executive may make payment of ancillary State support to or in respect of a person by reference to the assessed weekly value of relevant assets which are chargeable assets.

(b) The Executive may not make payment of ancillary State support in relation to an asset which is not a chargeable asset comprised in the assessed weekly value of relevant assets of the person concerned.

(6) The amount of ancillary State support which may be advanced by the Executive to a person shall be computed in accordance with subsections (5),(7) and (12).

(7) (a) The monies advanced by the Executive by way of ancillary State support shall be advanced on the basis of weekly instalments.

(b) The amount of such weekly instalment in relation to a person shall not exceed that part of the annual assessed relevant assets amount relating to the chargeable assets of that person divided by 52.

(c) Notwithstanding paragraphs (a) and (b), the weekly instalment of ancillary State support may be advanced on such periodic basis (not exceeding 2 months) as is specified in writing by the Minister.

(8) Monies advanced by the Executive by way of ancillary State support in respect of care services for the person to whom the application for State support relates and which are advanced in accordance with section 18 shall be deemed to have been paid to and for the benefit of the person who or on whose behalf the request for such ancillary State support was made 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.

(9) Where monies are advanced by way of ancillary State support which by reason of subsection (8) are deemed to have been advanced to both members of the couple, the liability of the members of the couple in relation to such advances shall be joint and several.

(10) (a) Subject to section 42, it shall be a condition of the payment of ancillary State support that the monies advanced by the Executive in respect of such support shall not become repayable prior to the occurrence of a relevant event or a deferred relevant event.

(b) Nothing in paragraph (a) shall prevent the voluntary repayment of monies advanced by the Executive by way of ancillary State support prior to the occurrence of a relevant event or a deferred relevant event.

(11) The amount repayable in respect of ancillary State support shall be the aggregate of monies advanced by the Executive by way of ancillary State support adjusted in accordance with Schedule 2 together with interest, if any, computed in accordance with subsection (15).

(12) The amount of a weekly instalment advanced in respect of ancillary State support or, in a case where a request has been made that ancillary State support be paid in relation to the same person in respect of more than one chargeable asset, the aggregate of weekly instalments of ancillary State support advanced in relation to the same person, shall not exceed the amount produced by the application of the following formula:

T - (A+B+R+S)

where—

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

A is the assessed weekly income of the person concerned,

B is the assessed weekly cash assets of the person concerned,

R is the assessed weekly value of the relevant assets of the person concerned and which are not chargeable assets, and

S is the amount of State support payable in respect of the person concerned.

(13) Where a relevant asset of a person who receives care services or of the partner of such a person, or of both of them, ceases to be a chargeable asset for a reason not related to paragraph (a) of the definition of “chargeable asset” in section 15—

(a) the person (or the person’s care representative, if any) or, if applicable, the partner of such person (or the partner’s care representative, if any) 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 part of ancillary State support which relates to the former chargeable asset.

(14) The Executive may, following a review of a financial assessment under section 30, alter the amount of ancillary State support paid in respect of a person under this section.

(15) Where the Executive makes payments to or on behalf of a person by way of ancillary State support and, as the case may be, a relevant event or a deferred relevant event occurs, interest shall accrue on the amount which is the aggregate of the amounts advanced by way of ancillary State support adjusted in accordance with Schedule 2, which interest shall be calculated in accordance with regulations made under section 36 for the purposes of this subsection.

(16) The Executive shall, not later than 10 working days after making a determination under this section that an application for payment of ancillary State support be refused or a determination of the amount of ancillary State support to be advanced, give notice in writing of the decision and the reasons for the decision to each person who made the application.

(17) (a) The Minister may make regulations for the purpose of this section prescribing circumstances in which a person who is a member of a couple is not required to make a request for payment of ancillary State support.

(b) Regulations made under this subsection may provide for—

(i) the making of applications to the Minister for a decision by the Minister dispensing with the requirement in that case for the request for ancillary State support to be made by both members of a couple, and

(ii) the matters to be taken into consideration by the Minister in considering such applications.

(18) The Minister shall not make a decision pursuant to regulations made under subsection (17) dispensing with the requirement for a request for payment of ancillary State support by one member of a couple unless he or she is satisfied that the person who would otherwise be required to make such request for ancillary State support has no interest in the asset to which the application relates.

(19) The Minister shall not make a decision dispensing with the requirement for a request for ancillary State support to be made by a person in respect of more than one member of a couple.

17. Ancillary State support to be charge against land.

17.— (1) In this section—

“authorised person” means a person authorised by the Board of the Executive for the purposes of—

(a) making orders under subsection (2),

(b) transmitting orders by electronic means to the Property Registration Authority in accordance with subsection (13),

(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, and

(d) performing functions which under this Act may be performed by authorised persons;

“interest in the relevant chargeable asset” means—

(a) the interest of the person in respect of whom ancillary State support is paid, and

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

in the chargeable asset concerned;

“secured amount”, in relation to a chargeable asset, means the aggregate of all amounts advanced by the Executive (whether before or after the making of an order under subsection (2)) in respect of a person by way of ancillary State support adjusted in accordance with Schedule 2 together with interest thereon calculated in accordance with section 16(15) and which amounts relate to the interest of that person or of that person’s partner, or of both of them, in that chargeable asset.

(2) (a) Where the Executive has received a request for payment of ancillary State support and the Executive is satisfied that it is appropriate that payment of such support be made, the Executive shall make an order in accordance with this section.

(b) The Executive shall not make a payment in respect of ancillary State support prior to the making of an order by the Executive charging the interest in the relevant chargeable asset with the secured amount.

(3) The Board of the Executive may appoint a person or persons who are employees of the Executive to make orders under subsection (2)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 of the Health Act 2004.

(4) An order made under subsection (2)shall be deemed to be a mortgage made by deed within the meaning of the Conveyancing Acts 1881 to 1911 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.

(5) The Executive shall from the date of the making of the order under subsection (2)—

(a) be deemed to be a mortgagee of the property for the purposes of the Conveyancing Acts 1881 to 1911, and

(b) have, in relation to the charge referred to in subsection (2), all the powers conferred by those Acts on mortgages made by deed.

(6) Where the Executive makes an order under subsection (2), it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate.

(7) An order made under subsection (2)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.

(8) Any amount paid by way of ancillary State support, 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.

(9) For the avoidance of doubt, neither an order made under subsection (2)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.

(10) Subject to subsection (11), notwithstanding any rule of law or statutory provision, where a mortgage is created by reason of an order under subsection (2)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 advances made by the Executive after the date of the subsequent mortgage whether the Executive did or did not have notice of such subsequent mortgage.

(11) Subsection (10) 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.

(12) A person who makes a request for payment of ancillary State support shall have an obligation to give all reasonable assistance to the Executive as the Executive may request to facilitate the registration of an order under subsection (2)in the Land Registry or Registry of Deeds, and the Executive shall not be required to make a payment of ancillary State support where such assistance has not been given.

(13) (a) An order made under subsection (2)shall be in the form prescribed by regulations made under section 36, and may be made—

(i) by an authorised person, and

(ii) in electronic form.

(b) Where an order is made in electronic form under this section, an authorised 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.

(14) Where an order under this section made in electronic form purports to have been made by an authorised 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. Payment of ancillary State support.

18.— (1) Where a person and, in the case of a couple, a person and his or her partner, request payment of ancillary State support, the Executive may make such payment of ancillary State support in respect of the person concerned—

(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 ancillary 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 ancillary State support to the proprietor of the approved nursing home in which the person resides and is being maintained.

(2) The Executive shall keep records and accounts relating to payments made under this section.

(3) Where ancillary State support is paid to or on behalf of a person in relation to different chargeable assets, it shall be recorded by the Executive in a manner which identifies separately the amount of ancillary State support advanced in respect of each chargeable asset.

19. Repayment of monies advanced by way of ancillary State support.

19.— (1) Subject to subsection (5), in this section—

“relevant event”, in relation to ancillary State support paid to or in respect of a particular person, means—

(a) the death of the person concerned who is receiving care services,

(b) the transfer of any part of the interest in a charged asset of any person who has requested the payment of ancillary State Support,

(c) the adjudication as a bankrupt of—

(i) the person in respect of whom the payment of ancillary State support was made, or

(ii) the person who as partner of the person referred to in subparagraph (i) also requested payment of ancillary State support,

(d) a determination by the Executive that information given to it by or on behalf of a person who has requested payment of the ancillary State support concerned is false or misleading in a material particular the effect of which is, in the opinion of the Executive, to jeopardise the enforceability of the charge referred to in section 17.

(2) (a) The Executive shall not make a determination referred to in paragraph (d) of the definition of “relevant event” in subsection (1) unless it has given reasonable notice to each person who requested payment of ancillary State support and given such persons a reasonable opportunity to make representations in relation to the matter.

(b) Representations referred to in paragraph (a) shall, unless the Executive permits otherwise, be made in writing.

(3) Where a person who has requested payment of ancillary State support as respects a parcel of land transfers any part of an interest in such land that person shall give notice of such transfer to the Executive within 10 working days of the date of the transfer.

(4) On the date of the occurrence of a relevant event, the amount of ancillary State support advanced or in the course of being advanced by reference to the asset concerned, adjusted in accordance with Schedule 2 shall, subject to subsection (5), become due and payable.

(5) The occurrence of an event referred to in paragraph (a) of the definition of “relevant event” in subsection (1) shall not be considered to be a relevant event in a case where section 20 applies.

20. Repayment of monies advanced by way of ancillary State support where deferral of occurrence of relevant event applies.

20.— (1) This section applies where—

(a) payment of ancillary State support has been made in respect of a person receiving care services and the asset concerned is the principal residence of that person,

(b) the death occurs of the person who has been in receipt of care services and in respect of whom the ancillary State support was paid, and

(c) the conditions specified in subsection (2) are met.

(2) The conditions referred to in subsection (1) (c) are:

(a) that—

(i) the asset concerned is the principal residence of the surviving partner of the person who has died; and

(ii) such partner (or the partner’s representative) has made a request in the specified form to the Executive for the application of this section in his or her case and such request is made not later than 3 months after the death concerned (or such longer period, not exceeding 6 months after that death, as the Executive thinks appropriate); or

(b) the Executive is satisfied that—

(i) the asset concerned is the residence of a connected person and that such person does not have any other residence;

(ii) the connected person has ordinarily resided in the asset concerned for a period of not less than 3 years immediately preceding the date of the making of the request for payment of ancillary State Support;

(iii) the connected person does not have an interest in any other residential property; and

(iv) the connected person (or the connected person’s representative) has made a request in the specified form to the Executive for the application of this section in his or her case and such request is made not later than 3 months after the death concerned (or such longer period, not exceeding 6 months after that death, as the Executive thinks appropriate),

(c) and in each case that every person appearing to the Executive to have an interest in the asset concerned consents, subject to subsection (9), to the monies advanced by way of ancillary State support not becoming repayable until the occurrence of a deferred relevant event.

(3) Where the Executive makes a determination that the conditions specified in subsection (2) have been met, the Executive shall, not later than 10 working days after making that determination, give notice in writing of the decision and the reasons for the decision to each person who made the application.

(4) In this section, “connected person” means a person who is—

(a) a child of the person in respect of whom payment of ancillary State support was made, or of the partner of such person, and—

(i) such child is under 21 years of age, or

(ii) where such child has attained the age of 21 years, that the aggregate of his or her cash assets and relevant assets is not greater than the general assets deductible amount,

(b) a sibling of the person in respect of whom payment of ancillary State support was made, and the aggregate of whose cash assets and relevant assets is not greater than the general assets deductible amount,

(c) a relative of the person in respect of whom payment of ancillary State support was made and—

(i) who is in receipt of a disability or similar allowance,

(ii) who is in receipt of blind person’s pension,

(iii) who is in receipt of State pension (non-contributory),

(iv) who is in receipt, from a place outside the State, of any equivalent to an allowance or pension referred to in subparagraph (i), (ii) or (iii), or

(v) whose total income is not more than the maximum rate of State pension (contributory),

(d) a person who, by reason of caring for the person in respect of whom ancillary State support was paid, was in receipt of payment of Carer's Allowance, Carer's Benefit or the Respite Care Grant at any time during the period of 12 months prior to such person entering into long-term residential care, and that such care was provided for a continuous period of not less than 6 months, or

(e) a relative of the person who is the owner of a building to which the principal residence is attached.

(5) Where this section applies, the monies advanced by way of ancillary State support shall not become repayable until the occurrence of a deferred relevant event.

(6) In this section “deferred relevant event” means—

(a) where this section applies by reason of the death of a person referred to in subsection (1)(b), the death of the partner of that person,

(b) that the conditions specified in subsection (2) cease to apply,

(c) the death of a person who was a connected person or that person ceasing to come within the definition of “connected person”, or

(d) the transfer of an interest in the asset concerned,

whichever first occurs.

(7) In this section, “cash assets”, “general assets deductible amount” and “relevant assets” have the same meaning as they have in Schedule 1.

(8) The monies advanced by way of ancillary State support, adjusted in accordance with Schedule 2, shall, subject to the provisions of this section, become due and payable on the day on which a deferred relevant event occurs.

(9) Nothing in this section shall operate to defer or prevent the operation of paragraph (c) or (d) of the definition of “relevant event” in section 19(1) or the obligation to pay monies arising by reason of the occurrence of a relevant event referred to in either of those paragraphs.

PART 4 Care Representative

21. Appointment of care representative in case of person not having full capacity.

21.— (1) This section applies to the following matters:

(a) the making of an application for ancillary State support,

(b) consenting to the creation of a charge in relation to an interest in land situated within the State,

(c) taking necessary actions in connection with the application for ancillary State support, the making of an order under section 17(2)or the registration of such order in the Land Registry or the Registry of Deeds (including the perfection of the title of the person to whom F37[the application relates),]

F38[(d) the appointment of a family successor or family successors, including selecting an appropriate person or persons to act as family successor, the making of an application undersection 14A,14G,14H,14Kor14Lfor the appointment of a family successor and taking necessary actions in connection with such application or applications,

(e) taking necessary actions in connection with the making of an order undersection 14B(1)or the registration of such order in the Land Registry or the Registry of Deeds (including the perfection of the title of the person to whom the application relates),

(f) such other matters as may be prescribed.]

(2) It shall be presumed, until the contrary is established, that a person has full mental capacity.

(3) This section does not apply to a person—

(a) who is a ward of court,

(b) who has appointed a person to be his or her attorney under an enduring power of attorney and—

(i) the attorney is not prohibited or restricted by the terms of the power from performing any matter to which this section applies, and

(ii) the enduring power of attorney has been registered and the registration has not been cancelled,

or

(c) in respect of whom another person is permitted by law to act on behalf of that person in relation to a matter to which this section applies notwithstanding that the person concerned does not have the capacity to make a decision in relation to such a matter.

(4) (a) Where a person (a “relevant person”) does not, for the time being, have the capacity to make a decision in relation to a matter to which this section applies, a person belonging to a class of persons referred to in subsection (12) may apply to the court for an order appointing that person to be a care representative in relation to a matter which is a matter to which this section applies and which is specified in the order.

(b) Nothing in paragraph (a) shall be construed as requiring the making of an application in relation to a relevant person unless section 16(3)(b) applies.

(5) If the court is satisfied that the relevant person concerned is incapable, for the time being, of making a decision to which this section applies, and the court determines that it is in the best interests of the relevant person concerned, having regard to—

(a) the expressed wishes (if known) of the relevant person concerned, and

(b) the circumstances of the relevant person concerned,

the court may appoint a person to be a care representative in accordance with this section.

(6) The court may appoint more than one person to be a care representative of a relevant person and unless the court otherwise orders the care representatives shall act jointly.

(7) An order under this section appointing a care representative shall not permit the care representative to make any decision or take any action on behalf of the relevant person unless that decision is one to which this section applies and is specified in the order.

(8) An order under this section shall not be construed as making a determination as respects the capacity of the relevant person concerned otherwise than in relation to a matter to which this section applies and which is specified in the order.

(9) An order made under this section shall not otherwise affect the power of the relevant person concerned to deal with his or her property and affairs.

(10) Notice of every application under this section shall be given to the person to whom the application relates, unless the court determines that such notice need not be given.

(11) A person applying to be appointed under this section shall furnish such information to the court as the court may require in connection with the application.

(12) Subject to subsections (13) to (15), a person belonging to one of the following classes of persons may apply to be appointed as a care representative:

(a) where the person is a member of a couple, the other member of the couple;

(b) a parent of the relevant person;

(c) a child of the relevant person;

(d) a brother or sister (whether of the whole or half blood) of the relevant person;

(e) a niece or nephew of the relevant person;

(f) a grandchild of the relevant person;

(g) a grandparent of the relevant person;

(h) an aunt or uncle of the relevant person;

(i) a person, other than a person who is—

(i) the proprietor of a nursing home in which the relevant person resides or is likely to reside, or

(ii) one of the registered medical practitioners who examined the relevant person and prepared a report referred to in subsection (18) in respect of such person,

and who appears to the court to have a good and sufficient interest in the welfare of the relevant person.

(13) The right of a person referred to in subsection (12) to apply to be a care representative shall operate in descending priority, but a person with a greater priority may consent in writing to an application by and appointment of a person with a lesser priority.

(14) An application may be made by a person referred to in subsection (12) even where there is a person with equal or greater priority and consent under subsection (13) has not been given, and notice of such application shall, subject to subsection (17), be given to each such person having an equal or greater priority.

(15) The court shall not be bound by the giving of a consent referred to in subsection (13).

(16) Where there is more than one person within a class of persons referred to in subsection (12), an application may be made by one such person, but the court shall be satisfied that all other persons within that class or a class which has greater priority have received proper notice of the application.

(17) The court may give directions relating to the manner of giving notice to a person under this section and may deem any notice given to be sufficient or may, on sufficient cause being shown, dispense with the giving of notice of the application.

(18) (a) The court shall not appoint a person to be a care representative unless it has before it a report from at least two registered medical practitioners who have examined the relevant person concerned and such reports confirm that the person does not have the capacity to make the decisions to which this section applies and setting out the basis for that conclusion.

(b) A report referred to in paragraph (a) shall be in the form prescribed, under regulations made under section 36, for the purposes of this paragraph.

(19) The court may hear such other evidence relating to—

(a) the health or circumstances of the person concerned, and

(b) the circumstances of the partner of the person concerned,

as it considers necessary to determine whether it should make an order under this section.

(20) On being satisfied that it is appropriate to do so, the court may, in accordance with this section, appoint a person—

(a) who is of full age and full capacity, and

(b) who is, in the view of the court, a fit and proper person,

to be a representative (in this section referred to as a “care representative”) of the person in respect of whom the application is made.

(21) The court shall not appoint a person to be a care representative if that person is—

(a) a person who has been adjudicated a bankrupt unless the bankruptcy has been discharged or the adjudication annulled,

(b) a person who has been convicted of an offence involving fraud or dishonesty, or

(c) a person who has been convicted of an offence against the person or property of the person concerned.

(22) An order appointing a care representative shall be subject to such conditions restricting the care representative’s powers to act in relation to the matters to which this section applies as the court considers appropriate and as are specified in the order.

(23) Nothing in this section shall prevent the Court appointing a person to be a care representative of both members of a couple where—

(a) the provisions of this section have been complied with in relation to both members of the couple, and

(b) the Court considers that it is in the best interests of both members of the couple to do so.

(24) The Executive shall be entitled to deal with a care representative as if that care representative were the person in respect of whom he or she has been appointed and that such person had full legal capacity.

(25) Where an event specified in subsection (21) occurs as respects a care representative which would have prevented that person‘s appointment by reason of that subsection, the person concerned shall cease to be a care representative, and that person shall notify the Executive and the Court by which the appointment was made within 10 working days of such cesser.

(26) Where an order appointing a care representative ceases to have effect (for whatever reason), such cesser shall not prejudice the validity of anything previously done by the care representative under and in accordance with the appointment.

(27) Any transaction between a care representative and another person shall, in favour of that other person, be as valid as if it had been entered into by the person to whom the order relates and that other person.

(28) Where a person is appointed to be a care representative, he or she shall have a duty to act in the best interests of the person in respect of whom he or she has been appointed and to keep records relating to his or her actions, and have a duty to give all reasonable assistance to the Executive in relation to the registration of an order under section 17 (2).

(29) Where the court has appointed more than one care representative under subsection (6) an application may, on notice to any other care representative, be made to the court for directions.

(30) On application being made to the court by any person appearing to the court to have a good and sufficient interest in the welfare of the person to whom the application relates, the court may in accordance with this section appoint a person to be a care representative in place of a care representative previously appointed where—

(a) the care representative appointed previously has died or is no longer of full capacity,

(b) the care representative has indicated to the court that he or she wishes to resign, or

(c) the appointment of the care representative has been revoked by the court.

(31) On application being made to it by any person appearing to the court to have a good and sufficient interest in the welfare of the person to whom the order relates, the court may at any time direct a person appointed to be a care representative to do any of the following:

(a) prepare and file with the court a report of his or her actions as a care representative;

(b) attend before the court with such records and documents as may be specified.

(32) The court on the hearing of the application under subsection (30) or (31) may, if it considers it in the best interests of the person, revoke the appointment of a person appointed to be a care representative and appoint another person to be a care representative.

(33) Where more than one person stands appointed to act as a care representative of a person, the court in hearing the application under subsections (30) or (31) may revoke the appointment as respects one of the care representatives but not as respects the other or others and may appoint another person to be a care representative in place of the person whose appointment has been revoked.

(34) Where the court revokes the appointment of a care representative such revocation shall be without prejudice to the validity of anything previously done by the representative under and in accordance with the appointment.

(35) Where—

(a) an order under this section; or

(b) any decision or action taken by a care representative on foot of an order under this section,

is set aside or declared to be invalid by any court, such setting aside or declaration of invalidity shall not affect the obligation or liability of—

(i) the person on behalf of whom ancillary State support was paid, or

(ii) the person who, or on behalf of whom the request that ancillary State support be paid was made,

to repay such monies as if the order, decision or action had not been so set aside or declared to be invalid.

(36) Applications or proceedings—

(a) under this section, and

(b) to which subparagraph (xxxvi) (inserted by section 22) of paragraph 1 of the Second Schedule to the Courts and Court Officers Act 1995 refers,

shall be heard otherwise than in public.

(37) Unless the Court otherwise directs the requirements relating to the giving of notice which apply to an application seeking the appointment of a care representative shall also apply to applications under subsections (30) and (31).

(38) Any application or proceedings under this section (including the making of an order under this section) in respect of a relevant person, and whether or not subparagraph (xxxvi) (inserted by section 22) of the Courts and Court Officers Act 1995 applies in any particular case—

(a) shall not prejudice the generality of the operation of any rule of law or statutory provision which applies or may apply in respect of any other application or proceedings relating, whether in whole or in part, to the capacity of the relevant person,

(b) shall be disregarded, in respect of any other application or proceedings referred to in paragraph (a), in so far as such other application or proceedings relates or relate, as the case may be, to the capacity of the relevant person, and

(c) shall have no effect otherwise than in connection with matters related to this Act.

(39) A reference in this section, other than in subsection (35), to “court” is a reference to the Circuit Court and the exercise of the powers of that court conferred by this section shall be within the jurisdiction of the circuit of the Circuit Court in which—

(a) the person to whom the application relates is residing at the time of the making of the application, or

(b) the person to whom the application relates has resided at any time during the period of 3 years immediately prior to the making of the application.

(40) An application to the Circuit Court under this section may be made in any county of the circuit concerned to which by reason of subsection (39) an application may be made under this section and may be transferred within such circuit from one county to another county.

(41) In this section—

“relevant person” means a person—

(a) who is receiving care services,

(b) whom it is anticipated may request care services, or

(c) who is the partner of a person referred to in paragraph (a) or (b).

(42) In this section a reference to “circumstances of the person” includes in relation to a person who is a member of a couple, the circumstances of the other member of the couple.

(43) For the purposes of this section a person shall be considered not to have the capacity to make a decision relating to a matter to which this section applies if he or she is unable—

(a) to understand the information relevant to the decision,

(b) to retain that information,

(c) to use or weigh that information as part of the process of making the decision, or

(d) to communicate his or her decision (whether by talking, using sign language or any other means) or, if the decision requires the act of a third party to be implemented, to communicate by any means with that third party.

F39[(44)Section 46Ashall apply to and in relation to care representatives and relevant persons referred to in this section as it applies to specified persons and "other persons" referred to in that section.]

21A. F40[Transitional provisions regarding care representatives

21A.—(1) On and after the date of the coming into operation of section 102 of the Assisted Decision-Making (Capacity) (Amendment) Act 2022 (in this section referred to as the "relevant date"), a person may not apply to the court undersection 21(4)(a)for an order appointing him or her to be a care representative.

(2) Where—

(a) a care representative was appointed in respect of a person, and

(b) on or after the relevant date a decision-making representative is appointed under the Assisted Decision-Making (Capacity) Act 2015 (in this section referred to as the "Act of 2015") in respect of the person and in respect of a matter to which section 21 applies that is also specified in the order appointing the care representative,

then—

(i) the decision-making representative shall, as soon as may be after his or her appointment, give notice to the care representative and the Executive of his or her appointment and provide him, her or it, as the case may be, with a copy of the decision-making representation order, and

(ii) for as long as the decision-making representation order is in force, and unless otherwise provided for in the decision-making representation order, the care representative shall not act as such, and the order appointing the care representative shall not apply, in respect of the matter.

(3) Where—

(a) a care representative was appointed in respect of a person, and

(b) on or after the relevant date the Director of the Decision Support Service has, under section 71C of the Act of 2015, accepted a notification in relation to an enduring power of attorney where the attorney is not prohibited or restricted by the terms of the power from performing any matter to whichsection 21applies and which matter is also specified in the order appointing the care representative,

then—

(i) the attorney shall, as soon as may be after the acceptance by the Director of the notification, give notice to the care representative and the Executive of that acceptance and provide him, her or it, as the case may be, with a copy of the enduring power of attorney, and

(ii) for as long as the enduring power of attorney is in force, the care representative shall not act as such, and the order appointing the care representative shall not apply, in respect of the matter.]

22. Amendment of Second Schedule to Courts and Court Officers Act 1995.

22.— The Second Schedule to the Courts and Court Officers Act 1995 is amended by the addition of the following paragraph:

“(xxxvi) An order for the appointment of a care representative under section 21 of the Nursing Homes Support Scheme Act 2009 if no objection is made to the Court relating to that appointment by any notice party to the application.”.

PART 5 Notification of specified matters

23. Notification of death or discharge of person provided with financial support under Scheme.

23.— (1) Where a person provided with financial support—

(a) dies in an approved nursing home,

(b) is discharged from an approved nursing home, or

(c) is otherwise no longer normally residing in an approved nursing home,

the proprietor of the nursing home shall, not later than 3 working days after the date of the person’s death, discharge, or other departure, as the case may be, give notice in writing to the Executive of—

(i) the name of the person,

(ii) the name and address of—

(I) the person’s nominated contact, or

(II) the person’s next of kin, if known,

and

(iii) the date of the person’s death, discharge, or other departure, as the case may be.

(2) Where the proprietor of an approved nursing home proposes to discharge from the nursing home a person provided with financial support, the proprietor shall, at least 10 working days before the proposed date of discharge, give notice in writing to the Executive of—

(a) the name of the person,

(b) the proposed date of discharge, and

(c) the reasons for the discharge.

(3) The proprietor of a nursing home who, without reasonable excuse, contravenes subsection (1)or (2)is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

(4) Where a person maintained in an approved nursing home—

(a) starts to be provided with financial support,

(b) starts to be provided with an altered level of financial support, or

(c) ceases to be provided with financial support,

the Executive shall, not later than 10 working days after that start or cessation, as the case may be, give notice in writing to the proprietor of the nursing home of that start or cessation, as the case may be.

(5) This section shall, with all necessary modifications, apply to and in relation to a facility referred to in paragraph (a)(i) of the definition of “long-term residential care services” and the proprietor of such a facility as it applies to and in relation to an approved nursing home and the proprietor of an approved nursing home.

24. Notification of material change in circumstances of person provided with financial support.

24.— (1) A person (or the person’s care representative, if any) who is the subject of an application for State support or who is provided with financial support F41[or a person who is a family successor] shall give notice in writing to the Executive of any material change in circumstances not later than 10 working days after the material change in circumstances comes to the knowledge of the person.

(2) A person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

(3) Any person who in compliance or purported compliance with this section knowingly, or recklessly, gives the Executive information which is false or misleading in a material particular 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.

(4) In this section, “material change in circumstances”, in relation to a person, means any change in the circumstances of—

(a) the person or a child of the person of less than 21 years of age, or

(b) if the person is a member of a couple, the partner of the person or, if different from a child who falls within paragraph (a), a child of that partner of less than 21 years of age,

which may result in—

(i) financial support not being provided to the person,

(ii) the amount of financial support provided to the person being reduced, or

(iii) financial support which is being provided to the person ceasing to be provided.

24A. F42[Notification of material change in circumstances of family successor

24A.—(1) A person (or the person’s care representative, if any) who is the subject of an application for State support or who is provided with financial support or a person who is a family successor shall give notice in writing to the Executive of any material change in circumstances not later than 20 working days after the material change in circumstances comes to the knowledge of the person.

(2) A person who, without reasonable excuse, contravenessubsection (1)is guilty of an offence and is liable on summary conviction to a class D fine.

(3) A person who in compliance or purported compliance with this section knowingly, or recklessly, gives the Executive information which is false or misleading in a material particular is guilty of an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months or both.

(4) In this section, "material change in circumstances" means, in relation to a family successor—

F43[(a) any change in the circumstances of the family successor—

(i) where a determination has been made in respect of the relevant person undersection 14C(2)(a), which may result in the occurrence of a repayment event, or

(ii) where a determination undersection 14C(2)(a)has not been made, which may result in the occurrence of a repayment event had such a determination been made (and, accordingly, hadsection 14Iapplied),]

F43[(b) any change affecting the particular family asset in relation to which the family successor was appointed—

(i) where a determination has been made in respect of the relevant person undersection 14C(2)(a), which may result in the occurrence of a repayment event, or

(ii) where a determination under section14C(2)(a)has not been made, which may result in the occurrence of a repayment event had such a determination been made (and, accordingly, hadsection 14Iapplied),

or]

(c) any change affecting the family successor’s ability to comply with the undertaking given by him or her undersection 14A(3)(d),14F(8)(b),F43[14G(4)(b),14H(5)(b),14K(3)(e)or14L(3)(f)].]

25. Notification of change in circumstances of connected persons, etc.

25.— (1) Where section 20 applies by reason of paragraph (a) of subsection (2) of that section, and that paragraph ceases to apply, the surviving partner concerned or his or her representative shall notify the Executive of that fact within 20 working days of section 20(2)(a) ceasing to apply.

(2) Where section 20 applies by reason of paragraph (b)of subsection (2) of that section, and the circumstances of the connected person have altered in a manner which would mean that either subparagraph (i) or (iii) of that paragraph cease to apply, the connected person concerned or his or her representative shall notify the Executive of that fact within 20 working days of the subparagraph concerned ceasing to apply.

(3) Where section 20 applies by reason of paragraph (b) of subsection (2) of that section and a connected person ceases to be a connected person, that person shall notify the Executive of that fact within 20 working days of such cesser.

(4) Where a person who is a partner of a person in respect of whom ancillary State support was paid or a connected person dies and the repayment of ancillary State support has been deferred under section 20 the personal representative of the deceased person shall notify the Executive of the death as soon as practicable after the death, but in any event no later than 20 working days after the issue of a grant of representation in respect of the estate of the deceased person concerned.

(5) A person who, without reasonable excuse, contravenes subsection (1), (2) or (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

26. Collection of monies advanced by way of ancillary State support.

26.— (1) Where the Executive has advanced monies by way of ancillary State support and a relevant event or a deferred relevant event occurs, the Executive shall in accordance with section 19 or 20 and Schedule 2 calculate the amount due in relation to such support (in this section referred to as the “repayable amount”) and give notice of that amount and particulars of how it is calculated to the relevant accountable person.

(2) (a) The repayable amount together with any interest thereon shall be a debt due and payable to the Executive.

(b) The Revenue Commissioners shall act as agent for the Executive in respect of the collection of monies due to the Executive under this Act in relation to ancillary State support.

(3) The Executive shall within the relevant period referred to in subsection (4) notify the Revenue Commissioners of—

(a) the repayable amount,

(b) particulars of how that amount is calculated,

(c) particulars of the asset or assets against which the repayable amount is secured,

(d) the relevant event or deferred relevant event, as the case may be, and the date of that event,

(e) the name, PPS Number and address of—

(i) the person in respect of whom ancillary State support was paid,

(ii) where the person referred to in subparagraph (i) is a member of a couple, the partner of that person, and

(iii) the relevant accountable person (if known to the Executive),

and

(f) such other information as the Revenue Commissioners may reasonably require for the purposes of this section.

(4) The relevant period referred to in subsection (3) means—

(a) in the case of a relevant event which is the death of a person and where the asset concerned, or one of the assets concerned, is the principal residence of the person, the period of 3 months after the Executive (having become aware of the occurrence of the relevant event) is satisfied that section 20 does not apply, and

(b) in any other case, the period of 3 months after it comes to the knowledge of the Executive that a relevant event or a deferred relevant event has occurred.

(5) Where an amount becomes a repayable amount by reason of the death of a person in respect of whom ancillary State support was advanced or the partner of such person, the repayable amount (together with interest accrued in accordance with subsection (6)) shall be a debt due and payable out of the estate of the deceased person.

(6) Until the repayable amount is discharged to the Revenue Commissioners interest shall continue to accrue, in accordance with regulations made under section 36, on that part of the repayable amount which is comprised of the aggregate of amounts of ancillary State support adjusted in accordance with Schedule 2.

(7) The Revenue Commissioners may furnish to the Executive such information as relates to the collection of the repayable amount and any interest accruing on that amount pursuant to regulations made under section 36.

(8) (a) The Revenue Commissioners may take all steps which they consider appropriate to recover the repayable amount and interest accrued thereon, including the bringing of legal proceedings in their own name.

(b) In every case where legal proceedings are brought by the Revenue Commissioners pursuant to paragraph (a) the proceedings shall indicate clearly that they are brought pursuant to the Nursing Homes Support Scheme Act 2009.

(9) Where monies are advanced by the Executive by way of ancillary State support no action shall be commenced by the Revenue Commissioners—

(a) to recover the repayable amount or interest on any part of the repayable amount, or

(b) seeking the sale of the relevant asset,

after the expiration of 12 years from the occurrence of the relevant event or deferred relevant event concerned.

(10) The collection and recovery of a repayable amount shall be under the care and management of the Revenue Commissioners and the Commissioners may do all such acts as may be deemed necessary and expedient for collecting, receiving and accounting for a repayable amount in the like and in as full and ample a manner as they are authorised to do in relation to income tax under their care and management.

(11) Monies received by the Revenue Commissioners under this section shall be paid by the Revenue Commissioners into the Central Fund.

(12) F44[…]

(13) The person primarily accountable for payment of the repayable amount to the Revenue Commissioners shall be—

(a) the person in respect of whom ancillary State support was paid;

(b) where the person referred to in paragraph (a) is a member of a couple, the partner of that person;

(c) where the person referred to in paragraph (a) is deceased, the personal representative of that person;

(d) in a case where section 20 applies, each person having an interest in the asset;

(e) where a person referred to in paragraph (d) is deceased, the personal representative of that person.

(14) A person who becomes entitled to an interest in the asset against which the repayable amount is secured shall also be accountable for payment of the repayable amount to the Revenue Commissioners.

(15) (a) The liability of a person referred to in subsection (13)(c) or (e) shall not exceed the gross value of the estate of the deceased person concerned less the amount of the funeral and testamentary expenses.

(b) The liability of a person referred to in subsection (14) shall not exceed the amount of the value of the interest in the asset to which the person becomes entitled.

(16) In this section “relevant accountable person” means—

(a) a person who as respects a particular relevant event or deferred relevant event is primarily accountable, and

(b) a person who is accountable by reason of subsection (14),

for the payment of the repayable amount to the Revenue Commissioners.

27. Submission of schedule of assets to Executive where deceased person received financial support under Scheme.

27.— (1) This section applies to a deceased person—

(a) in respect of whom financial support was provided at any time, or

(b) in respect of whose partner financial support was provided at any time.

(2) The personal representative of a deceased person in relation to whom this section applies—

(a) shall, as soon as is practicable but, in any case, not less than 3 months before any distribution of the assets of the estate of the person, give the Executive—

(i) notice in writing of the representative’s intention to distribute the assets, and

(ii) a schedule of the assets by reference to the statement referred to in section 48(2) of the Capital Acquisitions Tax Consolidation Act 2003 that is applicable in the case of that estate,

and

(b) if requested in writing by the Executive to do so before the expiration of the period referred to in paragraph (a), ensure that assets of the estate are retained which are sufficient to repay any amount which may be due and payable—

(i) in respect of the amount due in relation to advances of ancillary State support paid in respect of a person or at the request of a person,

F45[(ia) pursuant tosection 14J(11)in respect of the deceased person,]

(ii) pursuant to section 42 in respect of the deceased person.

(3) For the purposes of determining an amount referred to in subsection (2)(b), and notwithstanding any other provision of this Act, the means of the deceased person concerned, for the period during which the person was provided with financial support, shall, in the absence of evidence to the contrary, be calculated on the basis that the person’s assets at the time of the death of the person belonged to the person for that entire period.

(4) Without prejudice to any other obligation or liability the personal representative of a deceased person who contravenes subsection (2) and distributes the assets of the estate of the person without payment of any amount referred to in subsection (2) (b) in relation to the estate shall be personally liable for that amount but such liability shall not exceed the gross value of the estate less the funeral and testamentary expenses of the deceased.

27A. F46[Discharge of orders made under section 14B

27A.—(1) Wheresubsection (2)applies, the Executive shall issue a receipt and the receipt shall act as a discharge or release of the order made undersection 14B(1)to which it refers and may be registered in the Land Registry or the Registry of Deeds as appropriate.

(2) This subsection applies where—

(a) following the occurrence of a repayment event and consultation with the Revenue Commissioners, the secured amount has been repaid,

(b) a determination was made undersection 14C(2)(a)in relation to the particular family asset to which the chargeable land relates and the family successor has complied with the undertaking given by him or her undersection 14A(3)(d),14F(8)(b),F47[14G(4)(b),14H(5)(b),14K(3)(e)or14L(3)(f)]during the relevant period,

(c) no determination undersection 14C(2)(a)has been made in relation to the particular family asset to which the chargeable land relates and the relevant person has died, or

(d) where the Executive, in consultation with the Revenue Commissioners, is otherwise satisfied that the secured amount has been repaid or is not repayable to the Executive.

(3) A receipt undersubsection (1)may be issued by an appointed person.

(4) An application to the Property Registration Authority for the cancellation in the Land Registry of an entry of a charge on the register of the property charged, where such charge relates to an order created undersection 14B, may be made by an appointed person and such application may be made by electronic means if—

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

(b) it complies with the requirements specified by,

the Property Registration Authority.

(5) A receipt undersubsection (1)and an application undersubsection (4)shall be in the form prescribed by regulations made undersection 36.

(6) Where an application undersubsection (4)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.

(7) In this section—

"appointed person" has the meaning assigned to it bysection 14B;

"relevant period" means—

(a) in the case of a family successor appointed undersection 14A, the period referred to insubsection (3)(d)of that section,

(b) in the case of a family successor appointed undersection 14F, the period referred to insubsection (8)(b)of that section,

(c) in the case of a family successor appointed undersection 14G, the period referred to insubsection (4)(b)of that section,F48[…]

(d) in the case of a family successor appointed undersection 14H, the period referred to insubsection (5)(b)of thatF47[section,]

F49[(e) in the case of a family successor appointed undersection 14K, the period referred to insubsection (3)(e)of that section, or

(f) in the case of a family successor appointed undersection 14L, the period referred to insubsection (3)(f)of that section;]

"secured amount" has the meaning assigned to it bysection 14B.]

28. Discharge of orders made under section 17.

28.— (1) Where the monies advanced by way of ancillary State support adjusted in accordance with this Act (together with any interest payable) have been discharged the Executive shall issue a receipt and the receipt shall act as a discharge or release of the order to which it refers and may be registered in the Land Registry or the Registry of Deeds as appropriate.

(2) A receipt under subsection (1) may be issued by an authorised person.

(3) An application to the Property Registration Authority for the cancellation in the Land Registry of an entry of a charge on the register of the property charged, where such charge relates to an order created under section 17, may be made by an authorised person and such application may be made by electronic means if—