Nursing Homes Support Scheme Act 2009

(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.

(4) A receipt under subsection (1)and an application undersubsection (3) shall be in the form prescribed by regulations made under section 36.

(5) Where an application under subsection (3) is made to the Property Registration Authority in electronic form which 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.

PART 6 Joint ownership

29. Joint ownership.

29.— (1) Subject to subsections (2) and (3), where the Executive makes an order under F50[section 14B(1)orsection 17(2)] which relates to an interest in land the subject of a joint tenancy, notwithstanding any rule of law or statutory provision—

(a) the mortgage created thereby shall not, by reason of the absence of the prior consent in writing of the other joint tenant or, where there are more than one other, all the other joint tenants, cause the severance of the joint tenancy in the interest in the land the subject of the mortgage,

(b) the mortgage created thereby shall not, by reason of the absence of the prior consent in writing of the other joint tenant or, where there are more than one other, all the other joint tenants, be void, and

(c) the severance of the joint tenancy, or the determination or extinguishment of the interest of the joint tenant who has created such mortgage, shall not cause the charge concerned to be determined, extinguished or otherwise cease to have effect as respects such land.

(2) Subject to subsection (3), the amount secured by an order made under F50[section 14B(1)orsection 17(2)] and to which subsection (1) refers shall not exceed the amount which represents the value of such share or proportion of the interest in the land concerned to which F51[, in the case of an order made undersection 14B(1), the interested person or interested persons, or, in the case of an order made undersection 17(2),] the person or persons requesting payment of ancillary State support would have been entitled had the joint tenancy been severed on—

(a) the date on which the mortgage is deemed to have been executed by reason of F50[section 14B(3)orsection 17(4)] or

(b) an order for partition of the land had been made on that date.

F50[(3)Subsection (2)shall not apply—

(a) in the case of an order made undersection 14B(1), where all the joint tenants in the joint tenancy concerned are interested persons, or

(b) in the case of an order made undersection 17(2), where all the joint tenants in the joint tenancy concerned have made a request to the Executive that the ancillary State support be paid in relation to the interest in the land concerned.]

F51[(4) In this section—

"interested person", in relation to an order made undersection 14B(1), means—

(a) where the chargeable land is not a transferred asset—

(i) each member of the couple, where the relevant person is a member of a couple, or

(ii) the relevant person, where the relevant person is not a member of a couple, or

(b) where the chargeable land is a transferred asset, the person or persons who hold the interest that—

(i) each member of the couple had in the chargeable land, where the relevant person is a member of a couple,

or

(ii) the relevant person had in the chargeable land, where the relevant person is not a member of a couple;

"relevant person" means a person receiving care services.]

PART 7 Reviews and Appeals

30. Reviews.

30.— (1) Subject to subsections (5), (6) and (7), the Executive may, in respect of a person who is being provided with care services or whose application for State support has been determined, and whether of its own initiative or at the request of the person, at any time arrange for a review to be carried out of all or any of the following, as may be appropriate:

(a) the care needs of the person on the same basis as is specified in section 7 (6);

(b) the financial assessment relating to the person carried out under section 10;

(c) the weekly amount of payments made by way of ancillary State support in respect of the person.

(2) The Executive shall cause a review under this section to be carried out by a suitable person.

(3) The suitable person who carries out a review under this section shall prepare a report thereon and provide it to the Executive.

(4) Where the Executive, having regard to a review under this section and the report provided to it under subsection (3), is satisfied that the determination or matter the subject of the review should be altered, it may determine that the determination or matter under review be altered accordingly.

(5) An alteration referred to in subsection (4) shall, subject to subsection (6) and unless the Executive otherwise determines (in particular in any case where there has been a contravention of any requirement of this Act relevant to the determination or matter the subject of the review), have effect from the date the determination is made under subsection (4).

(6) Where a determination under subsection (4)—

(a) results in the assessed weekly means of a person being increased, or

(b) results in the amount of weekly payments of ancillary State support being reduced,

the Executive shall not implement that determination before the expiration of 40 working days after the date on which it has given notice of the determination under subsection (8).

(7) A person other than the Executive may not request a review of a determination relating to a financial assessment unless—

(a) 12 months have elapsed since the date of the initial financial assessment or the most recent review of that assessment under this section (whichever is the later), or

(b) there has, to the satisfaction of the Executive, been a material change in the financial circumstances of the person since the financial assessment or most recent review of that assessment under this section (whichever is the later).

(8) Where the Executive makes a decision under subsection (4) in respect of a person, it shall, not later than 10 working days after the date of the decision, give notice in writing to the person of that determination stating the reasons for the decision and accompanied by a copy of the report concerned provided to the Executive under subsection (3).

31. Appeals regarding hardship in certain cases.

31.— (1) Where, in connection with the financial assessment of a person, a transferred item is taken into account by the Executive in determining the means of the person and the transfer of the transferred item was effected prior to 9 October 2008, the person may make an application to the Executive to recalculate the means of the person by excluding one or more than one of the transferred items on the ground that it is necessary to do so in order to avoid undue financial hardship arising by including that item in the financial assessment in relation to an applicable person.

(2) The Executive may refuse to consider or further consider an application under subsection (1) by a person if—

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

(b) an applicable person fails to provide the Executive with such information in addition to the information provided by or with the application as the Executive may reasonably require to enable it to determine the application under subsection (5).

(3) Where the Executive refuses under subsection (2) to consider or further consider an application under subsection (1) by a person, 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.

(4) 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 under subsection (1) 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.

(5) The Executive shall determine an application under subsection (1)—

(a) if the Executive is satisfied that a recalculation (excluding one or more transferred items) of the means of the person is necessary in order to avoid undue financial hardship in relation to an applicable person, by carrying out the recalculation and adjusting the amount of weekly assessed means of the person accordingly,

(b) if the Executive is not so satisfied, by refusing the application.

(6) Where the Executive determines under subsection (1) an application under subsection (1) by a person, 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.

(7) In this section—

“applicable person”, in relation to an application under subsection (1), means—

(a) the person to whom the financial assessment relates,

(b) where the person to whom the financial assessment relates is a member of a couple, the partner of that person, or

(c) a child of a person referred to in paragraph (a) or (b) where that child is less than 21 years of age;

“transferred item” means transferred income or a transferred asset.

32. Appeals against certain decisions of Executive.

32.— (1) Subject to subsection (2), a person (“the appellant”) aggrieved by a decision of the Executive referred to in section 7(8), 9(3), 10(7), 11(1), F52[14A(2),14A(11),14C(2)(b),14C(7),14D(2)(a),F53[14G(2)(b)(ii),14G(9)(b),14H(3)(b)(ii),14H(11)(b),]14I(2)(a)(i),14I(6)(a),14J(1),14K(2),14K(8),14L(2),14L(9),] 16, 30(4), 31(2) or 31(5) may appeal against the decision by giving the Executive a notice—

(a) in the specified form stating the reasons for the appeal, and

(b) not later than 40 working days after notice of the decision was given to the appellant under section 7(9), 9(4), 10(8), 11(3), F52[14A(12),14A(13),14C(8),14C(9),14D(2)(b),F53[14G(10),14G(10A),14H(12),14H(12A),]14I(5),14I(6)(b),14J(1),14K(9),14K(10),14L(10),14L(11),] 16(16), 30(8), 31(3) or 31(6) respectively.

(2) (a) The Executive, with the consent of the Minister, shall appoint a panel of suitable persons to consider appeals received under subsection (1).

(b) Where the Executive receives an appeal under subsection (1), it shall appoint a suitable person from the panel referred to in paragraph (a)to consider the appeal.

(3) The person appointed pursuant to subsection (2)to consider an appeal under subsection (1)shall—

(a) be independent in the performance of the person’s functions under this Act as a person so appointed,

(b) not be confined to the grounds on which the decision of the Executive was based, but may decide the matter which is the subject of the appeal as if it were being decided for the first time,

(c) subject to paragraph (a), comply with guidelines issued by the Executive under section 35 in respect of the procedure to be followed with respect to the consideration of any appeal,

(d) consider any written or oral objections made by the appellant in support of the appeal,

(e) make a decision (“relevant decision”) in writing determining the appeal, which may be a decision to—

(i) confirm the decision the subject of the appeal,

(ii) revoke that decision and replace it with such other decision as the person thinks appropriate, or

(iii) refer the matter concerned back to the Executive for reconsideration in accordance with such directions as the person thinks appropriate,

(f) send a copy of the relevant decision to the appellant and the Executive together with the person’s reasons for the relevant decision, and

(g) give the Executive such directions as the person thinks appropriate.

(4) A person (including the Executive) aggrieved by the relevant decision may appeal to the High Court against the decision on a point of law.

(5) An appeal under subsection (4) shall, where the appellant so requests, be heard otherwise than in public.

(6) The Executive shall, on complying with any direction given under subsection (3)(e)(iii) or (g), give notice in writing to the appellant concerned of the Executive’s compliance with the direction.

(7) A reference in this section to a decision made by the Executive includes a determination and refusal made by the Executive.

PART 8 Charges in Respect of Care Services

33. Charges in respect of care services.

33.— (1) Notwithstanding any other statutory provision, charges may be made by the Executive in respect of the provision of care services within the meaning of paragraph (a)(i) of the definition of “long-term residential care services”.

(2) Following consultation with the Executive, the Minister shall lay before the Houses of the Oireachtas details of the goods and services which constitute care services within the meaning of paragraph (a)(i) of the definition of “long-term residential care services”.

(3) Charges in respect of care services within the meaning of paragraph (a)(i)of the definition of “long-term residential care services” which are provided by the Executive shall not exceed the cost of providing such services, which cost shall be determined by the Executive in accordance with subsection (2).

(4) In determining the cost of care services in accordance with subsections (2)and(3), the Executive—

(a) subject to paragraph (b), shall include only the costs incurred by the Executive in relation to the provision of such care services, and

(b) shall not include costs which are not directly attributable to the provision of such care services except such costs which are prescribed, under regulations made under section 36, for the purposes of this paragraph.

(5) Charges in respect of care services within the meaning of paragraph (a)(i)of the definition of “long-term residential care services” in section 3 which are provided on behalf of the Executive shall not exceed the cost incurred by the Executive in relation to the provision of such care services.

(6) Different charges may be made by reference to the class of care services provided and the cost of that class of care services as determined in accordance with subsections (3) to (5).

(7) Charges under this section shall not be payable in respect of care services provided by the Executive or on behalf of the Executive to—

(a) a person under 18 years of age,

(b) a woman in respect of motherhood,

F54[(ba) a woman in respect of a termination of pregnancy in accordance withsection 9,10,11or12of the Health (Regulation of Termination of Pregnancy) Act 2018,]

(c) a person detained involuntarily under the Mental Health Acts 1945 to 2001,

(d) a person who pursuant to section 2 of the Health (Amendment) Act 1996, in the opinion of the Executive, has contracted Hepatitis C directly or indirectly from the use of Human Immunoglobulin Anti-D or the receipt within the State of another blood product or a blood transfusion, or

(e) a person in respect of the treatment of diseases prescribed under Part IV of the Health Act 1947.

34. Amendment of Health Act 1970.

34.— (1) Section 52 of the Health Act 1970 is amended by inserting the following after subsection (1):

“(1A) The Health Service Executive may make available long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009.”.

(2) Section 53 (as amended by section 4 of the Health (Amendment) Act 2005) of the Health Act 1970 is amended—

(a) by substituting the following for subsection (1):

“(1) Subject to subsection (1A), charges shall not be made for in-patient services made available under section 52 except as provided for in subsection (2).”,

(b) by inserting the following after subsection (1):

“(1A) Charges shall be made for long-term residential care services in accordance with the Nursing Homes Support Scheme Act 2009.

(1B) A reference in subsection (1A) to long-term residential care services shall be construed as a reference to long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009 as respects such services provided to a person who first begins to receive those services after the coming into operation of section 6 (2) (c) of the Nursing Homes Support Scheme Act 2009.

(1C) A person in respect of whom charges are being made under subsection (2) shall not be required to pay charges under subsection (1A).”.

(3) The Health Act 1970 is amended by inserting the following section after section 53:

“Charges for in-patient services in certain cases.

53A.— (1) This section applies where in-patient services (not being long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009) are provided to a person in a hospital for the care and treatment of patients with acute ailments (including any psychiatric ailment) and a medical practitioner designated by the Health Service Executive has certified in writing that the person in receipt of such services does not require medically acute care and treatment in respect of any such ailment.

(2) Where this section applies, notwithstanding section 53, charges may be made in respect of in-patient services on the basis specified in subsection (3) as if those services were long-term residential care services within the meaning of the Nursing Homes Support Scheme Act 2009 provided by the Health Service Executive, and whether or not the person concerned has made an application for State support under section 9 of that Act.

(3) The charges referred to in subsection (2)shall be determined by the average cost of long-term residential care services as determined by the Health Service Executive in facilities operated by the Health Service Executive and publicly designated in writing as facilities predominantly for the care of older people.

(4) Subject to subsection (5), this section shall not apply where a person has applied for a care needs assessment under section 7of the Nursing Homes Support Scheme Act 2009 and is awaiting a determination by the Executive under section 7of that Act.

(5) Subsection (4) shall not apply where a person withdraws an application under section 7of the Nursing Homes Support Scheme Act 2009 and makes a subsequent application.”.

PART 9 Miscellaneous

35. Guidelines.

35.— (1) The Executive may, with the consent of the Minister, issue guidelines consistent with this Act, whether relating to the performance of a function of the Executive or otherwise, for the purpose of providing practical guidance in respect of any provision of this Act or regulations made under it.

(2) The Executive shall arrange for guidelines issued under this section to be published in such manner as the Executive considers appropriate.

36. Regulations.

36.— (1) Subject to subsections F55[(1A)] to (11), the Minister may, for the purposes of enabling any provision of this Act to have full effect, make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

F56[(1A) The Minister may by regulations provide for the arrangements that shall apply in relation to persons who are or were members of a couple where one member of the couple has made an application undersection 14A.

(1B) Without prejudice to the generality ofsubsection (1A), regulations under that subsection may provide for all or any of the following:

(a) arrangements that shall apply in relation to a charge undersection 14B;

(b) arrangements that shall apply in relation to a determination undersection 14C, including the conditions that shall apply in respect of a determination under that section of the revised amount of State support payable in respect of a person;

(c) arrangements that shall apply in relation to a review undersection 14Efor the purpose of ascertaining whether a repayment event has occurred;

(d) arrangements that shall apply in relation to the death of a person where a determination undersection 14Cwas made before the death, including any notification or application for appointment of a family successor to be made undersection 14Fand any conditions that shall apply to such notification or application;

(e) arrangements that shall apply in relation to the death or change in circumstances of a family successor, including any application for appointment of a new family successor to be made undersection 14Gand any conditions that shall apply to such application;

(f) arrangements that shall apply in relation to the change in family successor following the transfer of a particular family asset, including any application for appointment of a new family successor to be made undersection 14Hand any conditions that shall apply to such application;

(g) arrangements that shall apply in relation to repayment events;

(h) arrangements that shall apply in relation to an application undersection 14Kor14L;

(i) arrangements that shall apply in relation to a determination undersection 14M, including any conditions that may apply in respect of a determination under that section;

(j) arrangements that shall apply in relation toSchedule 1.

(1C) When making regulations undersubsection (1A), the Minister shall have regard to the following:

(a) the policies and objectives of the Government to protect the future viability of farms and relevant businesses that are owned and operated by families;

(b) the fair and equitable treatment of couples under the Scheme;

(c) the proper and efficient administration of the Scheme.

(1D) In regulations undersubsection (1A), the Minister may make provision for different circumstances or cases, including where—

(a) the period referred to in an undertaking given by a family successor under any provision of this Act has or has not expired,

(b) one or both members of a couple is or are receiving care services, or

(c) one or both members of a couple has or have died.]

(2) The Minister may, following prior consultation with the Executive and with the consent of the Minister for Finance, make regulations for the purposes of paragraph (b) of subsection (4) of section 33 by prescribing, by reference to a class of care services, a class of costs which, although not directly attributable to the provision of such class of care services, the Minister is satisfied is connected with, the provision of such class of care services.

(3) The Minister may make regulations for the purposes of paragraph (a) of the definition of “allowable deduction” in paragraph 1 of Part 3 of Schedule 1 by prescribing a class or classes of expenditure which relate to the reasonable living expenses of a person to whom the financial assessment relates and his or her partner or who is a member of a class of dependant relatives prescribed by those regulations.

(4) (a) The Minister may make regulations for the purposes of prescribing an amount for the purposes of subparagraph (ii) of paragraph (a) of the definition of “general assets deductible amount” in paragraph 1 of Part 3 of Schedule 1 which amount—

(i) shall not be less than the amount referred to in subparagraph (i) of paragraph (a) of that definition,

(ii) shall not be less than the amount prescribed on the most recent exercise of this power, and

(iii) shall be adjusted in line with changes in the consumer price index calculated from mid-May 2008 where the amount specified in subparagraph (i) of paragraph (a) of that definition is the base figure.

(b) The Minister may make regulations for the purposes of prescribing an amount for the purposes of subparagraph (ii)of paragraph (b) of the definition of “general assets deductible amount” in paragraph 1 of Part 3ofSchedule 1 which amount—

(i) shall not be less than the amount referred to in subparagraph (i) of paragraph (b) of that definition,

(ii) shall not be less than the amount prescribed on the most recent exercise of this power, and

(iii) shall be adjusted in line with changes in the consumer price index calculated from mid-May 2008 where the amount specified in subparagraph (i) of paragraph (b) of that definition is the base figure.

(5) The Minister may make regulations for the purposes of paragraph (j) of the definition of “income” in paragraph 1 of Part 3 of Schedule 1by prescribing a class or classes of benefit not coming within paragraphs (a) to (i) of that definition but which the Minister considers to be a form of income, and for the purposes of this subsection benefit shall include capital gains.

F57[(5A) The Minister may make regulations for the purposes ofparagraph (f)of the definition of "relevant payment" (amended bysection 8of the Health (Miscellaneous Provisions) Act 2017) inparagraph 1ofPart 3ofSchedule 1by prescribing a class or classes ofex-gratiapayment or payments, not coming withinparagraphs (a)to(e)of that definition, if—

(a) the class or classes ofex-gratiapayment or payments is, or are, payment or payments made under a scheme or schemes (howsoever described) approved by the Government, and

(b) the Minister is satisfied, after having regard to the nature of the payment or payments referred to inparagraphs (a)to(e)of that definition and the purposes for which such payment or payments is, or are, made, that—

(i) the nature of the class or classes ofex-gratiapayment or payments is substantially similar to the nature of one or more of those made under those paragraphs, and

(ii) the purpose for which the payment or payments concerned is made is substantially similar to one or more of those purposes.]

(6) Without prejudice to the generality of F55[sections 14J(7)andsection 26 (8),] the Minister may, following prior consultation with the Revenue Commissioners and with the consent of the Minister for Finance, make regulations providing for the conferral of powers on the Revenue Commissioners with respect to the collection and recovery of repayable amounts F55[within the meaning ofsections 14J(1)andsection 26(1)] and interest thereon (and, for this purpose, the regulations may adapt, with or without modifications, the provisions of any enactment relating to the collection or recovery of, or the inspection of records or the furnishing of information in relation to, any tax charged or imposed by that enactment).

(7) Without prejudice to the generality of subsection (6), regulations made under that subsection may, in respect of amounts referred to in that subsection, provide for—

(a) the form in which payment shall be made,

(b) the charging of interest and the appropriate percentage rate of interest to be charged,

(c) circumstances where interest shall not be charged,

(d) the period of time following the occurrence of the event which caused the amounts to become repayable in respect of which interest shall not be charged,

(e) the order of application of any payment towards interest or capital comprised in such amounts,

(f) any matters consequential on, or incidental to, the foregoing.

(8) The Minister may, in respect of any difficulty which arises during the period of 3 years from the commencement of section 5 in bringing this Act into operation, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation and regulations under this subsection may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act.

F56[(8A) The Minister may, in respect of any difficulty which arises during the period of 3 years from the commencement of section 24 of the Act of 2021 in bringing the amendments effected to this Act by the Act of 2021 into operation, by regulations do anything which appears to be necessary or expedient for bringing the said amendments into operation and regulations under this subsection may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act and the amendments effected to this Act by the Act of 2021.]

(9) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(10) Where the Minister proposes to make regulations under subsection (8) F56[or(8A)]—

(a) he or she shall, before doing so, consult with such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government in relation to the proposed regulations, and

(b) he or she shall cause a draft of the regulations to be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

(11) Every regulation made under this section (other than a regulation referred to insubsection (10)) shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

37. Amendment of Consumer Credit Act 1995.

37.— Section 3 of the Consumer Credit Act 1995 is amended in subsection (2) by the insertion after paragraph (e) of the following paragraph:

“(ea) payments of ancillary State support advanced by the Health Service Executive under the Nursing Homes Support Scheme Act 2009,”.

38. Amendment of section 7A of Health (Nursing Homes) Act 1990.

38.— Section 7A(inserted by section 3 of the Health (Nursing Homes) (Amendment) Act 2007) of the Health (Nursing Homes) Act 1990 is amended by inserting the following subsection after subsection (4):

“(4A) The Executive shall refuse to consider an application made on or after the commencement of section 6(1)(d) of the Nursing Homes Support Scheme Act 2009.”.

39. Transitional provisions.

39.— (1) A person in receipt of a relevant subvention immediately before the commencement of this subsection shall continue to be paid the relevant subvention until—

(a) such payment ceases in accordance with the provisions of the Health (Nursing Homes) Act 1990 (as amended by the Health (Nursing Homes) (Amendment) Act 2007), or

(b) the date from which by reason of the determination of the Executive under section 11 (1) State support is to be paid in respect of the person,

whichever first occurs.

(2) Subsection (1) shall not prejudice the operation of section 7D (inserted by section 3 of the Health (Nursing Homes) (Amendment) Act 2007) of the Health (Nursing Homes) Act 1990 in so far as that section 7D provides for the payment of a relevant subvention to a person referred to in that subsection which is different from the relevant subvention which is paid to that person immediately before the commencement of that subsection.

40. Designation by Minister of suitable person to negotiate agreements.

40.— The Minister shall, as soon as is practicable, by notice in writing designate a person to negotiate with persons carrying on the business of a nursing home for the purposes of reaching an agreement referred to in paragraph (a)(ii)or (b)(ii) of the definition of “approved nursing home”.

41. Amendment of National Treatment Purchase Fund Board (Establishment) Order 2004.

41.— (1) The National Treatment Purchase Fund Board (Establishment) Order 2004 (S.I. No. 179 of 2004) is amended—

(a) in Article 2, by inserting the following definitions:

“ ‘approved nursing home has the same meaning as in the Nursing Homes Support Scheme Act 2009;

‘long-term residential care services’ means long-term residential care services within the meaning of paragraph (a)(ii) of the definition of ‘long-term residential care services’ in section 3(1) of the Nursing Homes Support Scheme Act 2009;

‘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;”,

and

(b) in Article 4—

(i) by the inserting after paragraph (1)(b) the following subparagraph:

“(ba) to make arrangements with a person it considers to be appropriate, being a proprietor of a nursing home, relating to the price at which long-term residential care services will be provided by such person to persons requiring such services and who are in receipt of financial support under the Nursing Homes Support Scheme Act 2009;”,

(ii) by the inserting after paragraph (1) the following paragraphs:

“(1A) Arrangements referred to in paragraph (1)(ba) shall be subject to a condition that the nursing home is an approved nursing home or that the arrangements will not apply unless the nursing home becomes an approved nursing home.

(1B) Arrangements referred to in paragraph (1)(ba) shall be notified to the Health Service Executive who may publish such information relating to those arrangements as it considers appropriate.”,

and

(iii) by inserting after paragraph (2) the following paragraph:

“(3) In performing its functions under paragraph (1)(ba) the Board may examine the records and accounts of an approved nursing home or of a nursing home the proprietor of which proposes to enter into arrangements under paragraph (1)(ba).”.

42. Non-disclosure and misstatement relating to financial assessments.

42.— (1) Where, in connection with a financial assessment, or a review of a financial assessment under section 30, a person does not disclose, or makes a misstatement as respects the amount or value of income, transferred income, cash assets, relevant assets or transferred assets, and receives a greater amount of State support than would have been the case if there had not been such non-disclosure or misstatement, as the case may be, the amount, as determined by the Executive, of the excess of State support over the amount which the person would have received had such non-disclosure or misstatement, as the case may be, not occurred shall be payable by the person to the Executive on demand and may be recovered by the Executive as a simple contract debt in any court of competent jurisdiction from the person or the estate of that person.

(2) Where an excess amount of State support has been paid in respect of a person and such excess arises by reason of information supplied by the person’s partner, such excess shall, to the extent that it arises by reason of the non-disclosure or misstatement by that partner, be payable by the partner to the Executive on demand and may be recovered from the partner of the person in respect of whom the State support has been paid or the estate of such partner as a simple contract debt in any court of competent jurisdiction.

(3) Without prejudice to the rights of the Executive under subsections (1) and (2), the Executive may reduce the amount of State support which would be payable in respect of the person until the total of excess payments has been recovered by the Executive.

43. Contracts for necessaries.

43.— (1) It is declared that the supply of care services to a person, which the Executive pursuant to section 7 has determined are appropriate for the needs of that person, shall be conclusively presumed as being for the benefit of and necessary for the health and welfare of that person and to have been supplied at his or her request, notwithstanding any legal incapacity of that person and any contact entered into with that person or on his or her behalf in relation to such care services shall be valid and enforceable notwithstanding any rule of law or statutory provision.

(2) Subsection (1) shall apply with all necessary modifications to the provision of ancillary State support.

(3) The liability of any member of a relevant couple in respect of any monies due under this Act in respect of care services or ancillary State support shall not be affected by any lack of capacity on the part of—

(a) the person to whom the services were supplied or in respect of whom ancillary State support is paid, or

(b) the partner of such person.

(4) The invalidity of any charge created pursuant to this Act shall not affect the underlying liability in respect of the repayment of any monies to the Executive.

44. Power of Executive to specify forms.

44.— (1) The Executive may specify the form of any document required by this Act to be in the specified form and the form of such other documents required for the purposes of this Act as the Executive thinks appropriate.

(2) A form specified under this section shall be—

(a) completed in accordance with such directions and instructions as are specified in the form,

(b) accompanied by such documents (including instruments, certificates, duplicates of the form and statutory declarations) as are specified in the form, and

(c) if the completed form is required to be provided to the Executive or any other person, so provided in the manner, if any, specified in the form.

(3) The Executive’s power under subsection (1)—

(a) may be exercised in such a way as to require the person completing the form to make a statutory declaration as to whether the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

(b) may be exercised in such a way as to specify two or more forms of any document referred to in that subsection whether as alternatives, or to provide for particular circumstances or particular cases, as the Executive thinks appropriate.

(4) The form specified under this section of an application for State support in respect of a person may require the application to be accompanied by—

(a) valuations of assets the person has or had any interests in and valuations of those interests,

(b) if the person is a member of a couple, valuations of assets the other member of the couple has or had any interests in and valuations of those interests, and

(c) such other information as the Minister may prescribe.

45. Records.

45.— (1) F58[Subject to the Data Protection Regulation and the Data Protection Act 2018], the Executive may, in accordance with this section, access and process any relevant records for the purposes of this Act.

(2) Subject to subsection (3), the Executive shall, as soon as is practicable after the commencement of this section, prepare and cause to be published a code of practice to be complied with by a person accessing and processing any relevant records pursuant to subsection (1), or a person referred to in subsection (4) having any relevant information in the person’s possession, custody or control, in so far as the relevant records or relevant information, as the case may be, consist of personal data.

F59[(2A) Subject tosubsection (3A), the Executive shall, as soon as practicable after the coming into operation of section 25 of the Act of 2021, and from time to time thereafter where it considers it appropriate to do so, prepare and publish a revised code of practice for the purposes referred to insubsection (2).]

(3) The Executive shall not perform the function under subsection (2) except after consultation with the Data Protection Commissioner within the meaning of the Data Protection Acts 1988 and 2003.

F59[(3A) The Executive shall not perform the function undersubsection (2A)except after consultation with the Data Protection Commission.]

(4) Subject to subsection (5), a person shall not disclose relevant information except for the purpose of the performance of a function by the person under this Act.

(5) A person may disclose relevant information to a member of the Garda Síochána if the person reasonably believes that the disclosure is necessary in order to prevent the continuance of an act constituting an offence.

(6) Documents that are prepared for the purpose of performing a function under this Act shall not constitute Departmental records within the meaning of section 2(2) of the National Archives Act 1986.

(7) The Executive shall determine the storage, retention or disposal of—

F60[(a) applications for State support, applications undersection 14A,14F,14G,14H,14Kor14Land notifications undersection 14For14G(including any documents accompanying such applications or notifications),]

(b) documents referred to in subsection (6), and

(c) relevant records which are in the possession of, or under the control of, the Executive.

(8) The Executive may request in writing a person to provide the Executive with access to, or copies of, relevant records which—

(a) are in the possession of, or under the control of, the person, and

(b) will or may assist the Executive to perform its functions under this Act.

(9) A person the subject of a request under subsection (8) shall comply with the request as soon as is practicable after the person receives the request.

(10) A person who, without reasonable excuse, contravenes subsection (4) or (9) is guilty of an offence and is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €25,000 or imprisonment for a term not exceeding 2 years or both.

(11) In this section—

“relevant information”, in relation to a person referred to in subsection (4), means information that is provided under this Act to the Executive, a suitable person, or a person appointed under section 32(2)and obtained by the first-mentioned person in the course of the performance of a function of the person under this Act;

F60["relevant record" means—

(a) any record which will or may assist the Executive to determine an application for State support, an application undersection 14A,14F,14G,14H,14Kor14Lor a request for refundable State support,

(b) any record pertaining to a notification undersection 14For14G, or

(c) any documents accompanying—

(i) an application referred to inparagraph (a), or

(ii) a notification referred to inparagraph (b).]

45A. F61[Annual report concerning relief in relation to farm or relevant business

45A.—(1) The Executive shall prepare in respect of each year (or such longer period as the Minister may, following receipt of the third report under this section, prescribe by regulations) a report containing information in relation to—

(a) the effects on the Scheme of applications and appointments made undersections 14A,14F,14G,14H,14Kand14L, determinations undersections 14C(2)and14M(3), reviews undersection 14E, decisions on repayment events undersection 14I(2)and repayments undersection 14J,

(b) an assessment of likely trends arising from the effects on the Scheme of those applications, appointments, determinations, reviews and repayments, and

(c) such other matters as may be specified by the Minister.

(2) The Executive shall send a copy of each report prepared under this section to the Minister—

(a) before the end of June in the year following that to which the report relates, or

(b) where the Minister has made regulations undersubsection (1), before the end of June in the year following the last year to which the report relates.

(3) For the purposes of preparing a report undersubsection (1)and, subject tosection 45(7), the Executive shall keep records of information in relation to—

(a) applications and appointments made undersections 14A,14F,14G,14H,14Kand14L,

(b) farms and relevant businesses to which such applications and appointments relate,

(c) determinations undersections 14C(2)and14M(3),

(d) reviews undersection 14E,

(e) decisions on repayment events undersection 14I(2),

(f) repayments undersection 14J, and

(g) such other matters as may be specified by the Minister.

(4) The first report under this section shall be prepared by the Executive not later than 2 years after section 26 of the Act of 2021 comes into operation.]

45AA. F62[Annual report relating to eligible rental income

45AA.—(1) The Executive shall prepare in respect of each year (or such longer period as the Minister may, following receipt of the third report under this section, prescribe by regulations) a report containing information in relation to—

(a) the proportion of financial assessments in respect of which eligible rental income is taken into account,

(b) the number of principal residences from which eligible rental income derives,

(c) an assessment of likely trends arising from the effects on the Scheme of the treatment of eligible rental income,

(d) the impact of the changes effected by Part 9 of the Act of 2022 on outcomes for persons participating in the Scheme, including the timing of participation in the Scheme and risks relating to the safeguarding of vulnerable persons, and

(e) such other matters as may be specified by the Minister.

(2) The Executive shall send a copy of each report prepared under this section to the Minister—

(a) before the end of June in the year following that to which the report relates, or

(b) where the Minister has made regulations undersubsection (1), before the end of June in the year following the last year to which the report relates.

(3) For the purposes of preparing a report undersubsection (1) and, subject tosection 45(7), the Executive shall keep records of information in relation to—

(a) financial assessments undersection 10,

(b) notifications undersection 24relating to eligible rental income, and

(c) such other matters as may be specified by the Minister.]

45B. F63[Review of operation of amendments effected by Act of 2021

45B.—(1) The Minister shall, not later than 5 years after the coming into operation of section 27 of the Act of 2021, in consultation with the Minister for Public Expenditure and Reform, carry out a review of the operation of the amendments to this Act effected by the Act of 2021.

(2) Having completed the review undersubsection (1), the Minister shall, in consultation with the Minister for Public Expenditure and Reform, prepare a report setting out the findings and conclusions consequent on such review.

(3) The Minister shall cause a copy of the report prepared undersubsection (2)to be laid before each House of the Oireachtas as soon as practicable after it has been prepared.]

45C. F64[Review of operation of amendments effected by Part 9 of Act of 2022

45C.—(1) The Minister shall, 6 months after the coming into operation of section 82 of the Act of 2022, carry out a review of the operation of the amendments to this Act effected by Part 9 of the Act of 2022.

(2) Without prejudice to the generality ofsection 45AA, the Minister shall, in consultation with the Minister for Public Expenditure and Reform and the Minister for Housing, Local Government and Heritage, prepare not later than 3 months after the commencement of the review undersubsection (1)a report setting out the findings and conclusions consequent on such review.

(3) The Minister shall cause a copy of the report prepared undersubsection (2)to be laid before each House of the Oireachtas as soon as practicable after it has been prepared.]

45D. F65[Government order to modify assessment of eligible rental income

45D.—(1) Subject tosubsection (3), where a report has been prepared undersection 45C(2), the Government may, at the request of the Minister and the Minister for Housing, Local Government and Heritage, make an order—

(a) providing that, with effect from such date as may be specified in the order—

(i)step Iofparagraph 2AofPart 1AofSchedule 1andstep Kofparagraph 2AofPart 2Aof that Schedule shall have effect as if such lower percentages as may be specified in the order were substituted for the percentages for the time being specified in those steps of those paragraphs, or

(ii)Parts 1Aand2AofSchedule 1shall have effect as if they had not been amended by section 84 (1) and (2) of the Act of 2022,

or

(b) requiring the Minister, in consultation with the Minister for Public Expenditure and Reform and the Minister for Housing, Local Government and Heritage to prepare a further report setting out the findings and conclusions of the Minister in relation to the operation of the amendments to this Act effected by Part 9 of the Act of 2022 in respect of such period as may be specified in the order by such date as may be so specified.

(2) Subject tosubsection (3), where a further report has been prepared by virtue of an order undersubsection (1)(b), the Government may, at the request of the Minister and the Minister for Housing, Local Government and Heritage, make an order undersubsection (1)(a).

(3) Before making an order undersubsection (1)the Government shall consider whether it would be appropriate to do so having regard to—

(a) the request referred to in that subsection or, as the case may be,subsection (2), and

(b) where the order is to be made following—

(i) a report prepared undersection 45C(2), that report, and

(ii) a further report prepared by virtue of an order undersubsection (1)(b), that further report.

(4) An order undersubsection (1)(a)(i)may provide that—

(a)step Kofparagraph 2AofPart 1AofSchedule 1(so far as relating to the amount produced bystep F), and

(b)step Mofparagraph 2AofPart 2Aof that Schedule (so far as relating to the amount produced bystep H),

shall have effect as if such percentages as may be specified in the order were substituted for the percentages for the time being specified in those steps of those paragraphs.

(5) An order undersubsection (1)(a)(ii)may provide thatsection 24shall have effect as if the following subsection were substituted forsubsection (1)of that section:

"(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—

(a) any material change in circumstances,

(b) any change in circumstances that results in eligible rental income becoming, or ceasing to be, payable, or

(c) where eligible rental income is payable, any change in the amount of eligible rental income, not later than 10 working days after the material change or other change concerned comes to the knowledge of the person.".

(6) An order under this section may make such incidental, supplementary, consequential or transitional provision (including provision modifying the effect of this Act) as the Government consider necessary or expedient for the purposes of the order.

(7) The Minister shall cause a copy of any further report prepared in pursuance of an order undersubsection (1)(b)to be laid before each House of the Oireachtas as soon as practicable after it has been prepared.

(8) An order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.]

46. Relief of undue hardship.

46.— (1) The Minister, with the consent of the Minister for Finance, may, for the purpose of the relief of undue hardship, make regulations in relation to the carrying out of financial assessments consistent with this Act.

(2) The power to make regulations under this section includes the power to provide that the income or assets (or a specified part of such income or assets) of one member of a couple be disregarded in the carrying out of a financial assessment in connection with an application for State support by the other member of the couple where exceptional circumstances specified in the regulations are shown to exist to the satisfaction of the Executive or the person requested pursuant to section 10 to carry out the financial assessment.

(3) Every regulation made under this section shall be laid by the Minister before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

46A. F66[Principles with regard to specified persons

46A.—(1)Subsections (2)to(7)shall be taken into account by a specified person when acting as such.

(2) A specified person shall not act as such unless it is necessary to do so having regard to the individual circumstances of the person on whose behalf he or she is acting (in this section referred to as the "other person").

(3) An action by a specified person in respect of the other person shall—

(a) be made in a manner that minimises—

(i) the restriction of the other person’s rights, and

(ii) the restriction of the other person’s freedom of action,

(b) have due regard to the need to respect the right of the other person to dignity, bodily integrity, privacy, autonomy and control over his or her financial affairs and property,

(c) be proportionate to the significance and urgency of the matter the subject of the action, and

(d) be as limited in duration in so far as is practicable after taking into account the particular circumstances of the matter the subject of the action.

(4) A specified person, when acting as such, shall—

(a) permit, encourage and facilitate, in so far as is practicable, the other person on whose behalf he or she is acting to participate, or to improve his or her ability to participate, as fully as possible, in the action,

(b) give effect, in so far as is practicable, to the past and present will and preferences of the other person, in so far as that will and those preferences are reasonably ascertainable,

(c) take into account—

(i) the beliefs and values of the other person (in particular those expressed in writing), in so far as those beliefs and values are reasonably ascertainable, and

(ii) any other factors that the other person would be likely to consider if he or she were able to do so, in so far as those other factors are reasonably ascertainable,

(d) unless the specified person reasonably considers that it is not appropriate or practicable to do so, consider the views of any person named by the other person as a person to be consulted on the matter concerned or any similar matter,

(e) act at all times in good faith and for the benefit of the other person, and

(f) consider all other circumstances of which he or she is aware and which it would be reasonable to regard as relevant.

(5) The specified person, when acting as such, shall have regard to—

(a) the likelihood of the recovery of the other person’s capacity in respect of the matter concerned, and

(b) the urgency of so acting prior to such recovery.

(6) The specified person, when acting as such—

(a) shall not attempt to obtain personal records relating to the other person or other information to which that person is entitled that is not reasonably required for so acting,

(b) shall not use such records or information for a purpose other than in relation to so acting, and

(c) shall take reasonable steps to ensure that such records or information—

(i) is kept secure from unauthorised access, use or disclosure, and

(ii) is safely disposed of when he or she believes it is no longer required.

(7) In this section, "specified person" has the same meaning as it has insection 47.]

47. Authority of person to act on behalf of another person

47.— F67[(1) Subject tosubsections (1A),(2)and(4), a specified person may act on behalf of another person in relation to the following matters under this Act:

(a) an application for a care needs assessment undersection 7and the giving of consent undersection 7(13);

(b) a further application for a care needs assessment as referred to insection 8;

(c) an application undersection 9for State support;

(d) the giving of a notice to the Executive undersection 24;

(e) a request undersection 30for a review;

(f) an appeal undersection 32against a decision of the Executive;

(g) the provision of any information that the Executive may request, and communication with the Executive, in relation to any of the matters referred to inparagraphs (a)to(f),

where that other person lacks capacity in relation to one or more of the matters referred to inparagraphs (a)to(g).]

F68[(1A) A specified person shall not act on behalf of another person in relation to any matter referred to insubsection (1)where that other person—

(a) is a ward of court and has a committee duly authorised to act with regard to that matter,

(b) 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 that matter, and

(ii) either—

(I) the enduring power of attorney has been registered under the Powers of Attorney Act 1996 and the registration has not been cancelled, or

(II) the Director of the Decision Support Service has accepted a notification of the enduring power of attorney under section 71C of the Assisted Decision-Making (Capacity) Act 2015 (in this section referred to as the "Act of 2015") and this acceptance is in force,

or

(c) the court has made a decision-making order under section 38(2) of the Act of 2015 which relates to that matter, or has made a decision-making representation order under that section conferring functions with regard to that matter on a decision-making representative.]

(2) The Executive may refuse to deal with a person purporting to be a specified person acting on behalf of a person to whom an application for State support relates (the relevant person) unless the first-mentioned person satisfies the Executive that the first-mentioned person is in fact a specified person acting on behalf of the relevant person.

(3) When the Executive refuses under subsection (2) to deal with a person purporting to be a specified person, it shall, not later than 10 working days after the refusal, give both the specified person and the relevant person notice in writing of the decision and the reasons for the decision.

(4) The Executive may refuse to deal with a specified person in respect of a relevant matter if the Executive is not satisfied that the specified person is acting in the best interests of the relevant person in respect of that matter.

(5) When the Executive refuses under subsection (4) to deal with a specified person in respect of a relevant matter, it shall, not later than 10 working days after the refusal, give the specified person and the relevant person notice in writing of the decision and the reasons for the decision.

(6) Subject to subsections (2) and (4), no provision of this Act shall operate to prevent the Executive from dealing with a specified person, and anything done by the specified person shall be binding upon the person on whose behalf the action was taken.

(7) In this section, “specified person”, in relation to a person, means—

(a) F69[…]

(b) F69[…]

(c) a care representative appointed pursuant to an application under section 21,

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

(e) a F70[child] of the person who is not less than 18 years of age,

(f) F69[…]

(g) F69[…]

(h) a registered medical practitioner, a registered nurse or registered social worker.

F71[(7A) A person—

(a) who is acting as a specified person within the meaning ofparagraphs (e)to(g)ofsubsection (7)immediately before the date of the coming into operation of section 102 of the Assisted Decision-Making (Capacity) (Amendment) Act 2022, and

(b) who, on or after that date, and but for this subsection, would no longer be able to act in light of the amendments to those paragraphs made by the said section 102 of the Assisted Decision-Making (Capacity) (Amendment) Act 2022,

may, notwithstanding the amendments effected to those paragraphs by the said section 102 of the Assisted Decision-Making (Capacity) (Amendment) Act 2022, continue to act as a specified person unless and until the person on whose behalf the specified person is acting becomes a person to whomsubsection (1A)applies.]

(8) The F72[category of person who] may act as a specified person referred to in F72[paragraph (c)] of subsection (7) shall have priority over the categories of person referred to in paragraphs (d) to (h) of subsection (7) but a person referred to in F72[paragraph (c)] of such subsection may consent in writing to a person with lesser priority acting as a specified person.

(9) Subsection (1)shall not operate to permit a person—

(a) to act as a care representative unless that person is appointed as a care representative under section 21, F73[…]

F74[(aa)F75[…]]

(b) F75[…]

47A. F76[Right to bring another person to interview arranged by the Executive

47A.—Where the Executive is authorised or required under any provision of this Act to interview a person—

(a) the person may be accompanied during the interview by a person of his or her choice who has attained the age of 18 years, and

(b) the Executive shall inform the person of his or her right to be accompanied when the Executive is making arrangements with the person for the interview.]

48. Amendment of Taxes Consolidation Act 1997.

48.— The Taxes Consolidation Act 1997 is amended by the insertion of the following section after section 192B:

“Exemption in respect of payments of State support.

192C.— (1) Notwithstanding any other provision of the Income Tax Acts, a person in receipt of care services shall be exempt from income tax in respect of any State support provided to the person under section 12(2) of the Nursing Homes Support Scheme Act 2009 and the payment shall not be reckoned in computing the person’s income for the purposes of the Income Tax Acts.

(2) Notwithstanding any provision of the Income Tax Acts, any payment referred to in subsection (1) shall be paid without deduction of income tax.

(3) In this section ‘care services’ and ‘State support’ have the same meaning as in the Nursing Homes Support Scheme Act 2009.”.

49. F77[Transitional arrangements in relation to, and amendment of, certain paragraphs of Part 3 of Schedule 1

49.—(1) Where, immediately before the commencement day—

(a) a person is receiving care services,

(b) the person is receiving State support, and

(c)paragraph 7ofPart 3ofSchedule 1applies in relation to the person,

paragraphs 7to9ofPart 3of that Schedule shall, notwithstanding their deletion bysection 31(d) of the Act of 2021, continue to have effect in relation to the person on and after the commencement day.

(2) Subject tosubsection (3), where, immediately before the commencement day—

(a) a person is receiving care services,

(b) the Executive has made a determination undersection 7(8) (a)that the person needs care services,

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

(d)paragraph 8(a)and(b)(but notparagraph 7) ofPart 3ofSchedule 1applies in relation to the person,

the person may elect that, having regard to the possibility thatparagraph 7ofPart 3of thatSchedulemay apply in relation to the person on or after the commencement day,paragraphs 7to9ofPart 3of that Schedule shall, notwithstanding their deletion by section 31(d) of the Act of 2021, have effect in relation to the person on and after the commencement day.

(3) An election undersubsection (2)is effective only if it is made in the specified form and submitted to the Executive before the expiry of the period of 6 months beginning on the commencement day.

(4) Where an election is made by a person in accordance withsubsection (2),paragraphs 7to9ofPart 3ofSchedule 1shall, notwithstanding their deletion bysection 31(d) of the Act of 2021, have effect in relation to that person on and after the commencement day.

(5) (a) Where—

(i) a person is or was a member of a couple, and

(ii)paragraphs 7to9ofPart 3ofSchedule 1apply or applied in relation to the partner of that person (whether before or after the commencement day),

paragraphs 7to9ofPart 3ofSchedule 1shall, notwithstanding their deletion bysection 31(d) of the Act of 2021, have effect in relation to that person on and after the commencement day.

(b) Whereparagraphs 7to9ofPart 3ofSchedule 1have effect in relation to a person by virtue ofparagraph (a), it is not necessary for the conditions inparagraph 8(a)and(b)ofPart 3ofSchedule 1to be met in respect of that person provided that these conditions have or had been met in respect of that person’s partner.

(c) Where—

(i) a person is a member of a couple,

(ii)paragraphs 7to9ofPart 3ofSchedule 1have effect in relation to that person by virtue ofparagraph (a), and

(iii)paragraph 7ofPart 3ofSchedule 1applies in respect of that person’s partner,

the certification to be provided underparagraph 8(c)ofPart 3ofSchedule 1shall be provided by the same family successor who provided the certification in respect of that person’s partner.

(6) For so long asparagraph 7ofPart 3ofSchedule 1applies in relation to a person by virtue ofsubsection (1),(4)or(5)(a), the person may not make an application undersection 14A.

(7) (a)Paragraph 7ofPart 3ofSchedule 1shall be deemed always to have had effect and shall, for the purposes ofsubsections (1),(4)and(5)(a), continue to have effect as if—

(i) the following subparagraph were substituted forsubparagraph (d):

"(d) any combination of the services referred to insubparagraphs (a)to(c),",

and

(ii) the following provision applied to each ofsubparagraphs (a),(b),(c)and(d):

"for a period of 3 years (which period need not be continuous).",

and

(b)Part 3ofSchedule 1shall be deemed always to have had effect and shall, for the purposes ofsubsections (1),(4)and(5)(a), continue to have effect as if the following paragraph were substituted forparagraph 9:

"9. (a)Paragraph 7shall apply to a relevant asset which is a transferred asset and which is a farm or relevant business.

(b) Whereparagraph 7applies in relation to a person who is a member of a couple, the reference in that paragraph to the interest of the person shall be construed as a reference to the interest of the person and the interest (if any) of the other member of the couple.

(c) Where the partner of a person who has or (in the case of a transferred asset) had an interest in a farm or relevant business does not have an interest in the farm or relevant business concerned he or she shall, for the purposes of paragraph 7, be deemed to have or (in the case of a transferred asset) be deemed to have had an interest in that farm or relevant business.

(d)Subparagraph (e)applies only in a case where the person (in this paragraph referred to as the "relevant person") was a member of a couple and—

(i)paragraph 7applies to the relevant person, and

(ii)paragraph 7applied to the other member of the couple (in this paragraph referred to as the "other member"),

in relation to the same farm or relevant business.

(e) The total of the amounts of the assessed weekly means under this Act which relate to the farm or relevant business, arising pursuant to the financial assessment relating to the other member and the financial assessment relating to the relevant person, when aggregated, shall not exceed the amount which is 22.5 per cent of the estimated market value of that farm or relevant business at the date of valuation of the farm or relevant business in connection with the first financial assessment of the relevant person less allowable deductions applicable to that asset, and on that threshold being reached, notwithstanding any provision of this Schedule, the farm or relevant business shall cease to be a relevant asset."

(8) In this section—

"commencement day" means the day on whichsection 31(d) of the Act of 2021 comes into operation;

"family successor" has the same meaning as it had beforesection 31(a)(i) of the Act of 2021 came into operation.]