Health (Nursing Homes) Act 1990
F20[Review of dependant persons who are paid relevant subventions.
7D.—(1) The Executive may at any time arrange for—
(a) a review to be done—
(i) of—
(I) the need for a dependent person to whom a relevant subvention is paid to continue to be maintained in a nursing home, or
(II) the means of the dependent person,
on the same bases as are specified in section 7B(2) and (3),
(ii) by—
(I) where subparagraph (i)(I) is applicable, a person (who may be an employee of the Executive) who, in the opinion of the Executive, is suitably qualified to do that review, and
(II) where subparagraph (i)(II) is applicable, an employee of the Executive, or any person nominated in writing by the Executive,
and
(b) the results of the review to be put in writing and provided to the Executive.
(2) Subject to subsection (4), where the Executive, after having had regard to a review provided to it pursuant to subsection (1)(b), is satisfied that the dependent person to whom the review relates—
(a) is no longer qualified for the payment of a relevant subvention, or
(b) qualifies for the payment of a different relevant subvention than that currently being paid to the person,
then the Executive shall arrange for—
(i) if paragraph (a) is applicable, the cessation of the payment of a relevant subvention to the person,
(ii) if paragraph (b) is applicable and without prejudice to the generality of section 7C(2), the different relevant subvention to be paid to the person.
(3) Where the Executive makes a decision under subsection (2) in respect of a dependent person, it shall, as soon as is practicable after the decision is made, give notice in writing to—
(a) the person, and
(b) if section 7C(2) is applicable, to the proprietor of the nursing home in which the person is or is to be maintained,
of the decision and the reasons for the decision.
(4) Where a decision of the Executive under subsection (2) in respect of a dependent person means that—
(a) a relevant subvention will cease to be paid to the person, or
(b) a lower relevant subvention will be paid to the person,
then the Executive shall not implement that decision before the expiration of 60 days after the date on which it has given notice under subsection (3) of the decision to the person.]
Annotations
Amendments:
F20
Inserted (8.06.2007) by Health (Nursing Homes) (Amendment) Act 2007 (1/2007), s. 3, S.I. No. 409 of 2007.
Modifications (not altering text):
C3
Application of section clarified (27.10.2009) Nursing Homes Support Scheme Act 2009 (15/2009), s. 39, S.I. No. 423 of 2009, subject to transitional provisions.
Transitional provisions.
39.— (1) A person in receipt of a relevant subvention immediately before the commencement of this subsection shall continue to be paid the relevant subvention until—
(a) such payment ceases in accordance with the provisions of the Health (Nursing Homes) Act 1990 (as amended by the Health (Nursing Homes) (Amendment) Act 2007), or
(b) the date from which by reason of the determination of the Executive under section 11(1) State support is to be paid in respect of the person,
whichever first occurs.
(2) Subsection (1) shall not prejudice the operation of section 7D (inserted by section 3 of the Health (Nursing Homes) (Amendment) Act 2007) of the Health (Nursing Homes) Act 1990 in so far as that section 7D provides for the payment of a relevant subvention to a person referred to in that subsection which is different from the relevant subvention which is paid to that person immediately before the commencement of that subsection.