Nursing Homes Support Scheme Act 2009

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.