Nursing Homes Support Scheme Act 2009

12.

Provision of State support and ancillary State support.

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

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

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

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

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