Nursing Homes Support Scheme Act 2009


Number 15 of 2009


NURSING HOMES SUPPORT SCHEME ACT 2009

REVISED

Updated to 25 May 2018


This Revised Act is an administrative consolidation of the Nursing Homes Support Scheme Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 15 of 2009


NURSING HOMES SUPPORT SCHEME ACT 2009

REVISED

Updated to 25 May 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1985, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Health (Miscellaneous Provisions) Act 2017 (1/2017)

Redress for Women Resident in Certain Institutions Act 2015 (8/2015)

Health (General Practitioner Service) Act 2014 (28/2014)

Health (Amendment) Act 2013 (31/2013)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

Health (Miscellaneous Provisions) Act 2010 (18/2010)

Courts and Court Officers Act 1995 (31/1995)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Land Registration (Fees) Order 2012 (S.I. No. 380 of 2012)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Nursing Homes Support Scheme (Allowable Deductions) Regulations 2010 (S.I. No. 631 of 2010)

Registration of Deeds (No. 2) Rules 2009 (S.I. No. 457 of 2009)

Nursing Homes Support Scheme (Making and Discharge of Orders) Regulations 2009 (S.I. No. 437 of 2009)

Nursing Homes Support Scheme (Collection and Recovery of Repayable Amounts) Regulations 2009 (S.I. No. 436 of 2009)

Land Registration (Fees) Order 2009 (S.I. No. 425 of 2009)

Nursing Homes Support Scheme Act 2009 (Commencement) (Remaining Provisions) Order 2009 (S.I. No. 423 of 2009)

Nursing Homes Support Scheme (Assessment of Capacity Report) Regulations 2009 (S.I. No. 409 of 2009)

Nursing Homes Support Scheme Act 2009 (Commencement) (Specified Forms) Order 2009 (S.I. No. 394 of 2009)

Nursing Homes Support Scheme Act 2009 (Commencement)(Care Representatives and Regulations) Order 2009 (S.I. No. 381 of 2009)

Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Nominated Persons) Regulations 2009 (S.I. No. 378 of 2009)

Nursing Homes Support Scheme Act 2009 (Commencement) (Certain Provisions) Order 2009 (S.I. No. 256 of 2009)

Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007)

All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 15 of 2009


NURSING HOMES SUPPORT SCHEME ACT 2009

REVISED

Updated to 25 May 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title.

2. Commencement.

3. Interpretation.

4. Couples.

PART 2

Establishment of Scheme and Application for State Support

5. Establishment of Scheme.

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

7. Care needs assessment.

8. Review of care needs assessment.

9. Application for State support.

10. Financial assessment of means.

11. Determination of application for State support.

12. Provision of State support and ancillary State support.

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

14. Calculation of amount of State support.

PART 3

Ancillary State Support

15. Interpretation ( Part 3).

16. Ancillary State support.

17. Ancillary State support to be charge against land.

18. Payment of ancillary State support.

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

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

PART 4

Care Representative

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

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

PART 5

Notification of specified matters

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

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

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

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

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

28. Discharge of orders made under section 17.

PART 6

Joint ownership

29. Joint ownership.

PART 7

Reviews and Appeals

30. Reviews.

31. Appeals regarding hardship in certain cases.

32. Appeals against certain decisions of Executive.

PART 8

Charges in Respect of Care Services

33. Charges in respect of care services.

34. Amendment of Health Act 1970.

PART 9

Miscellaneous

35. Guidelines.

36. Regulations.

37. Amendment of Consumer Credit Act 1995.

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

39. Transitional provisions.

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

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

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

43. Contracts for necessaries.

44. Power of Executive to specify forms.

45. Records.

46. Relief of undue hardship.

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

48. Amendment of Taxes Consolidation Act 1997.

SCHEDULE 1

Assessment of Means

SCHEDULE 2

Adjustment and Manner of Calculation of Amounts Repayable in Respect of Ancillary State Support


Acts Referred to

Capital Acquisitions Tax Consolidation Act 2003

2003,No. 1

Consumer Credit Act 1995

1995,No. 24

Conveyancing Acts 1881 to 1911

Courts and Court Officers Act 1995

1995,No. 31

Data Protection Acts 1988 and 2003

Family Home Protection Act 1976

1976,No. 27

Finance Act 2002

2002,No. 5

Health (Amendment) Act 1996

1996, No. 15

Health (Amendment) Act 2005

2005, No. 3

Health (Nursing Homes) (Amendment) Act 2007

2007, No. 1

Health (Nursing Homes) Act 1990

1990, No. 23

Health Act 1947

1947,No. 28

Health Act 1970

1970,No. 1

Health Act 2004

2004,No. 42

Health Act 2007

2007,No. 23

Medical Practitioners Act 2007

2007,No. 25

Mental Health Acts 1945 to 2001

National Archives Act 1986

1986,No. 11

Nurses Act 1985

1985,No. 18

Registration of Title Act 1964

1964,No. 16

Social Welfare Consolidation Act 2005

2005,No. 26

Taxes Consolidation Act 1997

1997,No. 39


Number 15 of 2009


NURSING HOMES SUPPORT SCHEME ACT 2009

REVISED

Updated to 25 May 2018


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A SCHEME TO BE KNOWN AS THE NURSING HOMES SUPPORT SCHEME UNDER WHICH FINANCIAL SUPPORT MAY BE MADE AVAILABLE TO PERSONS IN RESPECT OF LONG-TERM RESIDENTIAL CARE SERVICES OUT OF RESOURCES ALLOCATED TO THE HEALTH SERVICE EXECUTIVE FOR THE PURPOSES OF THE SCHEME, TO PROVIDE FOR THE AMENDMENT OF THE HEALTH ACT 1970, TO PROVIDE FOR THE AMENDMENT OF THE HEALTH (NURSING HOMES) ACT 1990, TO PROVIDE FOR THE AMENDMENT OF THE COURTS AND COURT OFFICERS ACT 1995, TO PROVIDE FOR THE AMENDMENT OF THE NATIONAL TREATMENT PURCHASE FUND BOARD (ESTABLISHMENT) ORDER 2004 AND TO PROVIDE FOR RELATED MATTERS.

[1 st July, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 15 of 2009

...

...

Nursing Homes Support Scheme Act 2009

...

...

Sections 5(4), 36 and 46

...