Nursing Homes Support Scheme Act 2009

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.