14H.— (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 period to which the undertaking under subsection (5)(b) or section 14A(3)(d), F22[14F(8)(b), 14G(4)(b), 14K(3)(e) or 14L(3)(f)] relates has not expired, and

(d) 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14C(2)(a) in respect of the relevant person in relation to the particular family asset, that determination has not been revoked so far as relating to that particular family asset.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) An application may be made under subsection (3) where a particular family asset has been transferred to—

(a) the partner of the relevant person,

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

(c) F22[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

(d) the partner of the current family successor,

by the relevant person or the relevant person’s partner or, in the case of an existing transferred asset, by the current family successor.

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

(a) if satisfied that the conditions in subsection (5) 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

F22[(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.]

(4) Where the relevant person has died, the application under subsection (3) 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.

(5) The conditions referred to in subsection (3)(a) are—

(a) that the person specified in the application has attained the age of 18 years and is a person referred to in paragraph (a), (b), (c) or (d) of subsection (2) to whom a particular family asset has been transferred by the relevant person or the relevant person’s partner or, in the case of an existing transferred asset, by the current family successor,

(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), F22[14F(8)(b), 14G(4)(b), 14K(3)(e) or 14L(3)(f)] in relation to that particular family asset relates,

(c) that 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), the person specified in the application and any other owner of the particular family 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 that particular family asset,

(e) that, where the transfer referred to in subsection (2) was made jointly to the person specified in the application and any other person or persons, such other person or persons each consent 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

F22[(g) that, immediately before the transfer referred to in subsection (2), 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.]

(6) An application under subsection (3) shall be made before the expiry of the period of 3 months beginning on the date of the transfer referred to in subsection (2).

(7) For the purposes of subsection (5) (a) it is immaterial whether the transfer was made—

(a) to the person specified in the application solely, or

(b) jointly to the person specified in the application and any other person or persons.

(8) In reckoning the period referred to in subsection (5)(b) or section 14A(3)(d), F22[14F(8)(b), 14G(4)(b), 14K(3)(e) or 14L(3)(f)], the period beginning on the date of the transfer of the particular family asset to the person specified in the application and ending on the date of the making of an appointment under subsection (3) (a) shall be disregarded.

(9) 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, the current family successor and the person specified in the application, and

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

(10) The persons referred to in subsection (9) shall furnish all information and attend any interviews which the Executive may request in accordance with this section.

F22[(11) If a person referred to in subsection (9) 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.]

F22[(12) 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 and the person specified in the application of the determination or decision and the reasons for the determination or decision.]

F23[(12A) Where the Executive refuses under subsection (11)(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 and the person specified in the application, of the determination or decision and the reasons for the determination or decision.]

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

(14) In this section, "existing transferred asset" means a transferred asset which was a transferred asset immediately before the transfer referred to in subsection (2).]