Nursing Homes Support Scheme Act 2009
Number 15 of 2009
NURSING HOMES SUPPORT SCHEME ACT 2009
REVISED
Updated to 23 September 2024
This Revised Act is an administrative consolidation of the Nursing Homes Support Scheme Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the Health (Miscellaneous Provisions) (No. 2) Act 2024 (Commencement) Order 2024 (S.I. No. 461 of 2024), made 11 September 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 15 of 2009
NURSING HOMES SUPPORT SCHEME ACT 2009
REVISED
Updated to 23 September 2024
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
Establishment of Scheme and Application for State Support
6. Persons who may apply for State support under Scheme.
8. Review of care needs assessment.
9. Application for State support.
10. Financial assessment of means.
11. Determination of application for State support.
12. Provision of State support and ancillary State support.
13. Provision of State support (transitional care services).
14. Calculation of amount of State support.
14A. Application for appointment of family successor: farm or relevant business.
14B. Charge against interest in chargeable land.
14C. Duty of Executive to determine whether paragraph 6B of Part 3 of Schedule 1 applies.
14D. Duties of Executive on determination under section 14C(2)(a).
14E. Review of compliance with conditions.
14F. Death of person receiving care services following determination under section 14C(2)(a).
14G. Death or change in circumstances of family successor.
14H. Change of family successor following transfer of particular family asset.
14I. Repayment of increase in State support.
14J. Recovery of sums due under section 14I.
14K. Application by partner for appointment of family successor.
14L. Application by partner of deceased person for appointment of family successor.
14M. Determination as to farm or business relief where family successor fulfils undertaking.
14N. Offence of giving false or misleading information to Executive under certain provisions.
Ancillary State Support
17. Ancillary State support to be charge against land.
18. Payment of ancillary State support.
19. Repayment of monies advanced by way of ancillary State support.
Care Representative
21. Appointment of care representative in case of person not having full capacity.
21A. Transitional provisions regarding care representatives.
22. Amendment of Second Schedule to Courts and Court Officers Act 1995.
Notification of specified matters
23. Notification of death or discharge of person provided with financial support under Scheme.
24. Notification of material change in circumstances of person provided with financial support.
24A. Notification of material change in circumstances of family successor.
25. Notification of change in circumstances of connected persons, etc.
26. Collection of monies advanced by way of ancillary State support.
27A. Discharge of orders made under section 14B.
28. Discharge of orders made under section 17.
Joint ownership
Reviews and Appeals
31. Appeals regarding hardship in certain cases.
32. Appeals against certain decisions of Executive.
Charges in Respect of Care Services
33. Charges in respect of care services.
34. Amendment of Health Act 1970.
Miscellaneous
37. Amendment of Consumer Credit Act 1995.
38. Amendment of section 7A of Health (Nursing Homes) Act 1990.
40. Designation by Minister of suitable person to negotiate agreements.
41. Amendment of National Treatment Purchase Fund Board (Establishment) Order 2004.
42. Non-disclosure and misstatement relating to financial assessments.
43. Contracts for necessaries.
44. Power of Executive to specify forms.
45A. Annual report concerning relief in relation to farm or relevant business.
45AA. Annual report relating to eligible rental income.
45B. Review of operation of amendments effected by Act of 2021.
45C. Review of operation of amendments effected by Part 9 of Act of 2022.
45D. Government order to modify assessment of eligible rental income.
46A. Principles with regard to specified persons.
47. Authority of person to act on behalf of another person.
47A. Right to bring another person to interview arranged by the Executive.
48. Amendment of Taxes Consolidation Act 1997.
Assessment of Means
Adjustment and Manner of Calculation of Amounts Repayable in Respect of Ancillary State Support
Acts Referred to
|
2003,No. 1 |
|
|
1995,No. 24 |
|
|
Conveyancing Acts 1881 to 1911 |
|
|
1995,No. 31 |
|
|
Data Protection Acts 1988 and 2003 |
|
|
1976,No. 27 |
|
|
2002,No. 5 |
|
|
1996, No. 15 |
|
|
2005, No. 3 |
|
|
2007, No. 1 |
|
|
1990, No. 23 |
|
|
1947,No. 28 |
|
|
1970,No. 1 |
|
|
2004,No. 42 |
|
|
2007,No. 23 |
|
|
2007,No. 25 |
|
|
Mental Health Acts 1945 to 2001 |
|
|
1986,No. 11 |
|
|
1985,No. 18 |
|
|
1964,No. 16 |
|
|
2005,No. 26 |
|
|
1997,No. 39 |
Number 15 of 2009
NURSING HOMES SUPPORT SCHEME ACT 2009
REVISED
Updated to 23 September 2024
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A SCHEME TO BE KNOWN AS THE NURSING HOMES SUPPORT SCHEME UNDER WHICH FINANCIAL SUPPORT MAY BE MADE AVAILABLE TO PERSONS IN RESPECT OF LONG-TERM RESIDENTIAL CARE SERVICES OUT OF RESOURCES ALLOCATED TO THE HEALTH SERVICE EXECUTIVE FOR THE PURPOSES OF THE SCHEME, TO PROVIDE FOR THE AMENDMENT OF THE HEALTH ACT 1970, TO PROVIDE FOR THE AMENDMENT OF THE HEALTH (NURSING HOMES) ACT 1990, TO PROVIDE FOR THE AMENDMENT OF THE COURTS AND COURT OFFICERS ACT 1995, TO PROVIDE FOR THE AMENDMENT OF THE NATIONAL TREATMENT PURCHASE FUND BOARD (ESTABLISHMENT) ORDER 2004 AND TO PROVIDE FOR RELATED MATTERS.
[1st July, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
... No. 15 of 2009 ... |
... Nursing Homes Support Scheme Act 2009 ... |
... Sections 5(4), 36 and 46 ... |