14G.— (1) This section applies where—

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

(b) a family successor has been appointed (in this section referred to as the "current family successor") in respect of the relevant person in relation to a particular family asset,

(c) the current family successor dies or is no longer able to comply with the undertaking given by him or her under subsection (4)(b), section 14A(3)(d), F19[14F(8)(b), 14H(5)(b), 14K(3)(e) or 14L(3)(f)],

(d) the period to which the undertaking referred to in paragraph (c) relates has not expired, and

(e) where a determination was made under section 14C(2) (a) in respect of the relevant person in relation to the particular family asset, that determination has not been revoked so far as relating to that particular family asset.

(2) On the application of the relevant person, the Executive may—

(a) if satisfied that the conditions in subsection (4) are met, make a determination—

(i) revoking the appointment of the current family successor in respect of the relevant person in relation to the particular family asset, and

(ii) appointing the person specified in the application as the family successor in respect of the relevant person in relation to that particular family asset,

or

F19[(b) if not so satisfied—

(i) where a determination was made under section 14C(2)(a) in respect of the relevant person in relation to the particular family asset, make a decision under section 14I(2)(a), or

(ii) in any other case, refuse the application.]

(3) Where the relevant person has died, the application under subsection (2) shall be made by the person who holds, or the persons who hold, the interest that the relevant person had in the particular family asset or such other person as may be prescribed.

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

(a) that the person specified in the application has attained the age of 18 years and is an appropriate person,

(b) that the person specified in the application undertakes by way of statutory declaration that, if appointed as the family successor under this section, a substantial part of that person’s normal working time will regularly and consistently be applied to running the family asset during the period beginning on the date of his or her appointment under this section and ending on the date of the expiry of the period to which the undertaking given by the current family successor under this paragraph or section 14A(3)(d), F19[14F(8)(b), 14H(5)(b), 14K(3)(e) or 14L(3)(f)] in relation to that particular family asset relates,

(c) that if all or part of the particular family asset is a transferred asset, the person specified in the application undertakes by way of statutory declaration to repay any sums for which he or she may become liable by virtue of section 14J(11),

(d) that, except where the application relates to a relevant business which does not include an interest in land situated within the State or a charge has already been created in respect of the particular family asset by virtue of section 14B(1)—

(i) in a case where the particular family asset is not a transferred asset, the relevant person, the relevant person’s partner and any other owner of the particular family asset, or

(ii) in a case where the particular family asset is a transferred asset, the person specified in the application and any other owner of the transferred asset,

each consent to the creation by virtue of section 14B(1) of a charge in favour of the Executive against the interest in the chargeable land in respect of the particular family asset,

(e) that, where the particular family asset is a transferred asset, each owner of the transferred asset consents to the making of the application,

(f) that, where the relevant person is or was a member of a couple, the relevant person’s partner consents to the making of the application, and

F19[(g) that, in the opinion of the Executive—

(i) where a determination has been made in respect of the relevant person under section 14C(2)(a), a repayment event has not occurred in respect of the relevant person in relation to the particular family asset, or

(ii) where a determination under section 14C(2)(a) has not been made but, had such a determination been made (and, accordingly, had section 14I applied), a repayment event would not have occurred in respect of that person in relation to the particular family asset.]

(5) An application under subsection (2) shall be made before the expiry of the period of 6 months beginning on—

(a) in a case where the current family successor has died, the date of death of the family successor, or

(b) in a case where the current family successor is no longer able to comply with the undertaking given under subsection (4)(b) or section 14A(3)(d), F19[14F(8)(b), 14H(5)(b), 14K(3)(e) or 14L(3)(f)], the date on which it first comes to the Executive’s attention that the family successor is no longer able to comply with that undertaking.

(6) In reckoning the period referred to in subsection (4)(b) or section 14A(3)(d), F19[14F(8)(b), 14H(5)(b), 14K(3)(e) or 14L(3)(f)]—

(a) where subsection (5) (a) applies, the period beginning on the date of death of the family successor, or

(b) where subsection (5)(b) applies, the period beginning on the date on which it first comes to the Executive’s attention that the family successor is no longer able to comply with the undertaking given under subsection (4)(b) or section 14A(3)(d), F19[14F(8)(b), 14H(5)(b), 14K(3)(e) or 14L(3)(f)],

and ending on the date of the making of an appointment under subsection (2) (a) shall be disregarded.

(7) In determining an application under this section—

(a) the Executive may request information from, and interviews with, the relevant person, the relevant person’s partner, any representative (whether appointed under section 21 or otherwise) of the relevant person and, where appropriate, the current family successor, the person specified in the application and the lawful successor, and

(b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner and, where appropriate, the current family successor, the person specified in the application and the lawful successor whether received pursuant to section 45 or otherwise.

(8) The persons referred to in subsection (7) shall furnish all information and attend any interviews which the Executive may request in accordance with this section.

F19[(9) If a person referred to in subsection (7) 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, the Executive shall—

(a) where a determination was made under section 14C(2)(a) in respect of the relevant person in relation to the particular family asset, make a decision under section 14I(2)(a), or

(b) in any other case, refuse to consider or further consider an application under this section.]

F19[(10) The Executive shall, not later than 10 working days after making a determination or refusing an application under this section, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor, the lawful successor and the person specified in the application of the determination or decision and the reasons for the determination or decision.]

F20[(10A) Where the Executive refuses under subsection (9)(b) to consider or further consider an application under this section, it shall, not later than 10 working days after the refusal, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor, the lawful successor and the person specified in the application of the decision and the reasons for the decision.]

(11) Subsections (12) and (13) apply where—

(a) the current family successor has died,

(b) the particular family asset is a transferred asset,

(c) the lawful successor is not an appropriate person,

(d) the lawful successor notifies the Executive before the expiry of the period of 6 months beginning on the date of death of the current family successor that no application is to be made under this section, and

(e) before the death of the current family successor a determination was made under section 14C(2) (a) in relation to the particular family asset which had not been revoked.

(12) The determination under section 14C(2)(a) is revoked with effect from the date of death of the current family successor in relation to the particular family asset.

(13) Any amounts paid or payable by way of increase in State support by virtue of the determination under section 14C(2)(a) in respect of the relevant person in so far as it relates to the particular family asset for the period ending with the death of the current family successor shall not be repayable to the Executive by reason only of that determination having been revoked.

(14) An application under this section shall be made in the specified form.

(15) In this section, "appropriate person" means—

(a) where the particular family asset is not a transferred asset—

(i) the partner of the relevant person,

(ii) a relative of the relevant person or of the relevant person’s partner, or

(iii) F19[a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin,] of the relevant person or of the relevant person’s partner,

(b) where—

(i) the particular family asset is a transferred asset,

(ii) the current family successor has died, and

F19[(iii) the person or one of the persons entitled to succeed to the current family successor’s estate on the death (in this section referred to as the "lawful successor") is—

(I) the partner of the relevant person,

(II) a relative of the relevant person or of the relevant person’s partner,

(III) a son-in-law, daughter-in-law, great-grandchild, great-nephew, great-niece or first cousin, or a child, grandchild or great-grandchild of a first cousin, of the relevant person or of the relevant person’s partner, or

(IV) the partner of the current family successor,]

that person, or

(c) where—

(i) the particular family asset is a transferred asset, and

(ii) the current family successor is no longer able to comply with the undertaking given under subsection (4)(b) or section 14A(3)(d), F19[14F(8)(b), 14H(5)(b), 14K(3)(e) or 14L(3)(f)],

the current family successor’s partner.]