14C.— (1) This section applies where—

(a) a person is receiving care services (in this section referred to as the "relevant person"),

(b) one or more family successors have been appointed in respect of the relevant person in relation to a particular family asset, and

(c) the relevant person has received any combination of relevant services for a period of 3 years (which period need not be continuous).

(2) The Executive shall—

(a) if satisfied that the conditions in subsection (4) are met, make a determination that, with effect from the date specified in the determination, paragraph 6B of Part 3 of Schedule 1 applies in respect of the relevant person in relation to the particular family asset, or

(b) if not so satisfied, make a determination that paragraph 6B of Part 3 of Schedule 1 does not apply in respect of the relevant person in relation to the particular family asset.

(3) Where the Executive makes a determination under subsection (2)(a), the date specified in the determination shall not be earlier than the later of the following dates—

(a) the date by which the relevant person has received any combination of relevant services for a period of 3 years (which period need not be continuous), or

(b) the date on which a family successor was appointed under F12[section 14A, 14K or 14L] in respect of the relevant person in relation to the particular family asset.

(4) The conditions referred to in subsection (2)(a) are—

(a) that, where a family successor was appointed in respect of the relevant person under section 14A—

(i) the family successor has complied with the undertaking given by him or her under subsection (3)(d) of that section since the appointment, and

(ii) where the family successor was appointed in respect of a transferred asset, it continues to be held as a transferred asset by the family successor (whether it is held solely by the family successor or jointly with another person or persons),

(b) that, where a family successor was appointed under section 14G, the family successor has complied with the undertaking given by him or her under subsection (4)(b) of that section since the appointment,

(c) that, where a family successor was appointed under section 14H, the family successor has complied with the undertaking given by him or her under subsection (5)(b) of that section since the appointment,

(d) that, where a family successor was appointed under section 14K, the family successor has complied with the undertaking given by him or her under subsection (3)(e) of that section since the appointment,

(e) that, where a family successor was appointed under section 14L, the family successor has complied with the undertaking given by him or her under subsection (3)(f) of that section since the appointment,

F12[(f) that, in the opinion of the Executive, had a determination under subsection (2)(a) been made (and, accordingly, had section 14I applied), a repayment event would not otherwise have occurred in respect of that person in relation to the particular family asset, and]

(g) that, where the condition in section 14A(3)(e), 14G(4)(d), 14H(5)(d), 14K(3)(f) or 14L(3)(g) applies, an order has been made under section 14B(1) in relation to the chargeable land.

(5) For the purposes of making a determination under this section—

(a) the Executive may request information from, and interviews with, the relevant person, the relevant person’s partner, the family successor or family successors and any representative (whether appointed under section 21 or otherwise) of the relevant person, and

(b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner and the family successor or family successors whether received pursuant to section 45 or otherwise.

(6) The persons referred to in subsection (5) shall furnish all information and attend any interviews which the Executive may request in accordance with this section.

(7) The Executive may refuse to make a determination under this section if a person referred to in subsection (5) fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request.

(8) Where the Executive refuses under subsection (7) to make a determination under this section, it shall, not later than 10 working days after the refusal, give the relevant person, the relevant person’s partner and the family successor or family successors notice in writing of the decision and the reasons for the decision.

(9) The Executive shall, not later than 10 working days after making a determination under this section, give notice in writing to the relevant person, the relevant person’s partner and the family successor or family successors of the determination and the reasons for the determination.

(10) In this section, "relevant services" means—

(a) care services (including any care services received before the coming into operation of section 5 of the Act of 2021),

(b) transitional care services within the meaning of section 13,

(c) services in a nursing home which services would, if they had been provided after the coming into operation of the definition of "approved nursing home" in section 3, have come within the meaning of the definition of "long-term residential care services" in section 3.]