Nursing Homes Support Scheme Act 2009

13.

Provision of State support (transitional care services).

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

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

(3) Subject to subsections F4 [ (3A), ] (4) and (5), the Executive shall provide State support to the person in a case to which subsection (1) refers with effect from the date of the commencement of section 6(1)(d) .

F5 [ (3A) Subsection (3) shall cease to have effect as respects a person who makes an application for State support after the coming into operation of section 6 of the Health (Amendment) Act 2013. ]

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

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

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