14K.— (1) This section applies where—

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

(b) the period to which the undertaking given by that family successor in relation to the particular family asset under section 14A(3)(d), 14F(8)(b), 14G(4)(b) or 14H(5)(b) relates has not expired,

(c) the Executive has made a determination under section 7(8)(a) that the relevant person’s partner (in this section referred to as "the partner") needs care services,

(d) the Executive has made a determination under section 11(1) in relation to the partner, and

(e) the partner is receiving care services.

(2) On the application of the partner, the Executive shall—

(a) if satisfied that the conditions in subsection (3) are met, appoint the person specified in the application as the family successor in respect of the partner in relation to the interest that the partner and the relevant person has or had in the particular family asset, or

(b) if not so satisfied, refuse the application.

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

F29[(a) 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,]

(b) that any determination made under section 14C(2)(a) has not been revoked,

(c) that the person specified in the application is the family successor appointed in respect of the relevant person,

(d) that the partner declares by way of statutory declaration that, in relation to the particular family asset, for a period of 3 years (which period need not be continuous) during the period of 5 years ending on the date on which the partner began to receive care services, a substantial part of the working time of—

(i) the partner,

(ii) the person specified in the application,

(iii) any other person appointed as a family successor in respect of the relevant person, or

(iv) the relevant person,

was regularly and consistently applied to running the family asset,

(e) that the person specified in the application undertakes by way of statutory declaration that, if appointed as a family successor in respect of the partner under subsection (2), 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 subsection (2) (a) and ending on the expiry of the period to which the undertaking given by the family successor in respect of the relevant person under section 14A(3)(d), 14F(8)(b), 14G(4)(b) or 14H(5)(b) in relation to that particular family asset relates,

(f) that, except where the application relates to a relevant business which does not include an interest in land situated within the State—

(i) in a case where the particular family asset is not a transferred asset, the partner, the relevant person 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 further charge in favour of the Executive against the interest in the chargeable land in respect of the particular family asset,

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

(h) that the relevant person consents to the making of the application.

(4) The Executive may appoint more than one person as a family successor in respect of the partner in accordance with this section where more than one family successor has been appointed in respect of the relevant person.

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

(6) In deciding an application under this section—

(a) the Executive may request information from, and interviews with, the partner, the relevant person, the person specified in the application and any representative (whether appointed under section 21 or otherwise) of the partner or the relevant person, and

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

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

(8) The Executive may refuse to consider or further consider an application under this section if a person referred to in subsection (6) fails to provide the Executive with such information as may be requested by the application form or under that subsection within 40 working days from the date of the request.

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

(10) The Executive shall, not later than 10 working days after granting or refusing an application under this section, give notice in writing to the partner, the relevant person and the person specified in the application of the decision and the reasons for the decision.]