7C.—(1) Subject to subsection (4) and section 7K, the Executive shall determine an application, after having had regard to the reports provided to it pursuant to section 7B(1)(a) and (b) in respect of the applicant, by—

(a) if it is satisfied that the applicant qualifies for a prescribed subvention, arranging for the prescribed subvention for which the applicant is qualified to be paid—

(i) subject to subsection (2), to the applicant, and

(ii) for so long as the Executive remains so satisfied,

(b) subject to subsection (6), if it is satisfied that the applicant qualifies for a prescribed subvention but is also further satisfied that the applicant still cannot, without undue hardship, pay all or any of the costs of the applicant’s care and maintenance in a nursing home, arranging for a higher alternative subvention to be paid in lieu of the prescribed subvention—

(i) subject to subsection (2), to the applicant,

(ii) beginning on such date, or the occurrence of such event, as is specified by the Executive, and

(iii) for so long as the Executive remains so further satisfied,

(c) if the applicant does not fall within paragraph (a) or (b), refusing the application.

(2) The Executive may, at its discretion, effect the payment of a relevant subvention to an applicant by paying the subvention to the proprietor of the nursing home in which the applicant is or is to be maintained.

(3) Where the Executive determines an application under subsection (1), it shall, as soon as is practicable after the determination, give notice in writing to the applicant of the decision and the reasons for the decision.

(4) The Executive may, at its discretion, refuse to pay a relevant subvention to an applicant—

(a) if the value of the applicant’s assets, excluding the principal residence, exceeds €36,000 or the prescribed amount, whichever is the greater,

(b) if—

(i) the applicant’s principal residence is valued at—

(I) in the case of a principal residence located in the Dublin area, not less than €500,000 or the prescribed amount, whichever is the greater, and is not occupied as specified in section 7B(3)(b)(i),

(II) in the case of a principal residence located outside the Dublin area, €365,000 or the prescribed amount, whichever is the greater, and is not occupied as specified in section 7B(3)(b)(i),

and

(ii) the applicant’s annual income is not less than €10,400 or the prescribed amount, whichever is the greater,

or

(c) if the applicant does not fall within paragraph (a) or (b) but does have an annual income of not less than €36,000 or the prescribed amount, whichever is the greater.

(5) Where the Executive refuses to pay a relevant subvention to an applicant on a ground specified in subsection (4), it shall, as soon as is practicable after the decision, give notice in writing to the applicant of the decision and the reasons for the decision.

(6) The Executive shall only determine the amounts of alternative subventions after taking into account the resources available to pay the alternative subventions.]