7B.—(1) Without prejudice to the generality of section 7A(3) but subject to subsections (2) and (3), upon the receipt of an application the Executive shall make arrangements for—

(a) the need for the applicant to be maintained in a nursing home to be assessed by a person (who may be an employee of the Executive) who, in the opinion of the Executive, is suitably qualified to make that assessment, and a report thereon to be provided to the Executive, and

(b) the means of the applicant to be assessed by an employee of the Executive, or any person nominated in writing by the Executive, and a report thereon to be provided to the Executive.

(2) The assessment of an applicant’s need to be maintained in a nursing home shall be made on the basis of—

(a) the applicant’s ability to carry out the activities of daily living, including the applicant’s—

(i) degree of mobility,

(ii) ability to dress unaided,

(iii) ability to feed unaided,

(iv) ability to communicate,

(v) extent of orientation,

(vi) cognitive ability,

(vii) ability to bathe unaided, and

(viii) degree of continence,

(b) the family and community support available to the applicant,

(c) the medical services the applicant is receiving, and

(d) any other matter which affects the applicant’s ability to care for himself or herself.

(3) Subject to subsection (4), the financial assessment of an applicant’s means shall be made on the basis of—

(a) subject to paragraph (b), all the applicant’s assets and sources of income including the applicant’s—

(i)  wages, salary, pension, allowances, payments for part time and seasonal work, income from rentals, investments and savings and all contributions from whomsoever arising,

(ii) property (excluding household chattels but, if paragraph (b)(ii) is applicable, including an imputed annual income equivalent to so much of the estimated market value of the principal residence of the applicant as is not excluded by the operation of that paragraph),

(iii) stocks, shares and securities,

(iv) moneys on hand, in trust or lodged, deposited or invested,

(v) interest in any company or business (including any farm),

(vi) interests in property,

(vii) life assurance and endowment policies,

(viii) valuables held as investments,

(ix) any benefit or privilege, and

(x) assets (including moneys) which have been transferred (by whatever means) by the applicant to another person—

(I) for no consideration,

(II) for nominal consideration, or

(III) for consideration which is significantly less than the estimated market value of the asset concerned at the time the asset was so transferred,

at any time within the 5 years immediately preceding the date on which the application is made,

(b) excluding—

(i) subject to subparagraph (vi), the principal residence of the applicant if at the time of the application and thereafter it is continuously occupied by—

(I) the applicant’s spouse F17[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010],

(II) a child of the applicant of less than 21 years of age,

(III) a child of the applicant in full-time education,

(IV) a relative of the applicant in receipt of—

(A) disability or similar allowance,

(B) blind person’s pension,

(C) illness benefit,

(D) invalidity pension,

(E) state pension (contributory) in any case where, before 28 September 2006, the relative would have been entitled to invalidity pension,

(F) state pension (non-contributory),

(G) any successor to an allowance, pension or benefit referred to in this subclause in any case where that allowance, pension or benefit, as the case may be, ceases to be provided, or

(H) any European Union equivalent to an allowance, pension or benefit, or any successor thereto, referred to in this subclause,

or

(V) a relative of the applicant in receipt of—

(A) state pension (contributory),

(B) any successor to a pension referred to in this subclause in any case where that pension ceases to be provided, or

(C) any European Union equivalent to a pension, or any successor thereto, referred to in this subclause,

which is the relative’s sole income,

(ii) subject to subparagraphs (v) and (vi), if subparagraph (i) is not applicable, 95 per cent, or the prescribed percentage, whichever is the greater, of the estimated market value of the principal residence of the applicant as determined not later than 6 months after receipt of the application by the Executive,

(iii) one-fifth of the weekly rate of—

(I) subject to clause (II), state pension (non-contributory),

(II) any successor to that pension in any case where that pension ceases to be provided,

and whether or not the applicant is in receipt of that pension or any successor thereto,

(iv) the first €11,000, or the prescribed amount, whichever is the greater, of the applicant’s assets,

(v) without prejudice to the generality of subparagraph (i), the principal residence of the applicant in any case where not excluding that residence from falling within paragraph (a) could reasonably give rise to the destitution or homelessness of a person having a close connection with the applicant for a period of not less than 12 months immediately before the application was made, and

(vi) without prejudice to the generality of subparagraph (i), the principal residence of the applicant in any case where the applicant has been paid in accordance with this Act a relevant subvention for not less than 3 consecutive years at any time following the commencement of this subsection.

(4) Where an applicant is a F17[civil partner, or a] married or cohabiting person, subsection (3) shall be construed to be a financial assessment made on the basis of 50 per cent, or the prescribed percentage, whichever is the lesser, of the combined means of the F18[applicant and his or her civil partner or spouse] or cohabiting couple, as the case may be.

(5) Subject to subsection (6), the arrangements referred to in subsection (1) may include—

(a) in relation to the assessment referred to in subsection (2), a physical examination of the applicant concerned by, as appropriate, a registered medical practitioner, a registered nurse, an occupational therapist or a chartered physiotherapist,

(b) in relation to the assessment referred to in subsection (3), requests for information from, and interviews with, the spouse F17[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010]or any child of the applicant concerned.

(6) The arrangements referred to in subsection (1) shall not include, in relation to the assessment referred to in subsection (2), an inspection of the medical records of the applicant concerned except such an inspection carried out by a registered medical practitioner.

(7) In subsection (3)(b)(i)(IV) and (V), "relative", in relation to an applicant, means a spouse F17[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], parent, step-parent, child, step-child, grandchild, brother, step-brother, sister, step-sister, uncle, aunt, nephew or niece of—

(a) the applicant, or

(b) the applicant’s spouse F17[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010].