Nursing Homes Support Scheme Act 2009
Number 15 of 2009
NURSING HOMES SUPPORT SCHEME ACT 2009
REVISED
Updated to 1 November 2022
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 Bretton Woods Agreements (Amendment) Act 2022 (36/2022), enacted 1 November 2022, and all statutory instruments up to and including the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (Part 9) (Commencement)Order 2022 (S.I. No. 537 of 2022), made 26 October 2022, 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 1 November 2022
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022)
• Nursing Homes Support Scheme (Amendment) Act 2021 (27/2021)
• Redress for Women Resident in Certain Institutions (Amendment) Act 2019 (26/2019)
• Health (Regulation of Termination of Pregnancy) Act 2018 (31/2018)
• Data Protection Act 2018 (7/2018)
• Health (Miscellaneous Provisions) Act 2017 (1/2017)
• Social Welfare and Pensions Act 2015 (47/2015)
• Redress for Women Resident in Certain Institutions Act 2015 (8/2015)
• Health (General Practitioner Service) Act 2014 (28/2014)
• Health (Amendment) Act 2013 (31/2013)
• Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)
• Health (Miscellaneous Provisions) Act 2010 (18/2010)
• Courts and Court Officers Act 1995 (31/1995)
All Acts up to and including Bretton Woods Agreements (Amendment) Act 2022 (15/2022), enacted 1 November 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Nursing Homes Support Scheme (Collection and Recovery of Repayable Amounts) Regulations 2021 (S.I. No. 695 of 2021)
• Nursing Homes Support Scheme (Making and Discharge of Orders on Particular Family Assets) Regulations 2021 (S.I. No. 581 of 2021)
• Land Registration (Fees) Order 2012 (S.I. No. 380 of 2012)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Nursing Homes Support Scheme (Allowable Deductions) Regulations 2010 (S.I. No. 631 of 2010)
• Registration of Deeds (No. 2) Rules 2009 (S.I. No. 457 of 2009)
• Nursing Homes Support Scheme (Making and Discharge of Orders) Regulations 2009 (S.I. No. 437 of 2009)
• Nursing Homes Support Scheme (Collection and Recovery of Repayable Amounts) Regulations 2009 (S.I. No. 436 of 2009)
• Land Registration (Fees) Order 2009 (S.I. No. 425 of 2009)
• Nursing Homes Support Scheme Act 2009 (Commencement) (Remaining Provisions) Order 2009 (S.I. No. 423 of 2009)
• Nursing Homes Support Scheme (Assessment of Capacity Report) Regulations 2009 (S.I. No. 409 of 2009)
• Nursing Homes Support Scheme Act 2009 (Commencement) (Specified Forms) Order 2009 (S.I. No. 394 of 2009)
• Nursing Homes Support Scheme Act 2009 (Commencement)(Care Representatives and Regulations) Order 2009 (S.I. No. 381 of 2009)
• Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 6) (Nominated Persons) Regulations 2009 (S.I. No. 378 of 2009)
• Nursing Homes Support Scheme Act 2009 (Commencement) (Certain Provisions) Order 2009 (S.I. No. 256 of 2009)
• Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007)
All statutory instruments up to and including Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (Part 9) (Commencement) Order 2022 (S.I. No. 537 of 2022), made 26 October 2022, were considered in the preparation of this revision.
Number 15 of 2009
NURSING HOMES SUPPORT SCHEME ACT 2009
REVISED
Updated to 1 November 2022
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.
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.
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
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2003,No. 1 |
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1995,No. 24 |
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Conveyancing Acts 1881 to 1911 |
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1995,No. 31 |
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Data Protection Acts 1988 and 2003 |
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1976,No. 27 |
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2002,No. 5 |
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1996, No. 15 |
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2005, No. 3 |
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2007, No. 1 |
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1990, No. 23 |
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1947,No. 28 |
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1970,No. 1 |
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2004,No. 42 |
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2007,No. 23 |
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2007,No. 25 |
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Mental Health Acts 1945 to 2001 |
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1986,No. 11 |
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1985,No. 18 |
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1964,No. 16 |
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2005,No. 26 |
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1997,No. 39 |
Number 15 of 2009
NURSING HOMES SUPPORT SCHEME ACT 2009
REVISED
Updated to 1 November 2022
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
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Number and Year |
Short Title |
Provision |
|
... No. 15 of 2009 ... |
... Nursing Homes Support Scheme Act 2009 ... |
... Sections 5(4), 36 and 46 ... |