Nursing Homes Support Scheme Act 2009

10

Financial assessment of means.

10.— (1) Where the Executive receives an application for State support, the Executive shall make arrangements for a financial assessment of the person to be made by a suitable person who shall prepare and furnish a report on such assessment to the Executive.

F5[(2) The financial assessment shall be carried out

(a) in the case of a person who is not a member of a couple, in accordance with the provisions of Part 1 or Part 1A, as appropriate, and Part 3 of Schedule 1, and

(b) in the case of a person who is a member of a couple, in accordance with the provisions of Part 2 or Part 2A, as appropriate, and Part 3 of Schedule 1. ]

(3) (a) The arrangements referred to in subsection (1) may include requests for information from, and interviews with, the person concerned, the person’s partner or any representative (whether appointed under section 21 or otherwise) of the person.

(b) The Executive and the suitable person concerned may request, receive and consider records and information relating to the person to whom the application relates and his or her partner whether received pursuant to section 45 or otherwise.

(4) Where the Executive wishes to establish the estimated market value of any item, it may ascertain such value in such manner and by such means as it thinks appropriate and may authorise a suitable person to, if appropriate, inspect the item and report to it the value of the item for the purposes of this Act.

(5) Where the Executive authorises a valuation under subsection (4), the costs of the valuation shall be defrayed by the Executive.

(6) The Executive is not bound by any valuation accompanying an application for State support.

(7) Where information requested under subsection (3) is not furnished by or on behalf of the person or the person concerned within 40 working days from the date of the request, or such longer period as the Executive permits in any particular case, the suitable person concerned may report such fact to the Executive which may refuse to consider or further consider the application.

(8) Where the Executive refuses under subsection (7) to consider or further consider an application, it shall, not later than 10 working days after the refusal, give the person notice in writing of the decision and the reasons for the decision.

Annotations

Amendments:

F5

Substituted (24.07.2013) by Health (Amendment) Act 2013 (31/2013), s. 5, commenced on enactment.