Nursing Homes Support Scheme Act 2009

24

Notification of material change in circumstances of person provided with financial support.

24.— (1) A person (or the person’s care representative, if any) who is the subject of an application for State support or who is provided with financial support F26[or a person who is a family successor] shall give notice in writing to the Executive of any material change in circumstances not later than 10 working days after the material change in circumstances comes to the knowledge of the person.

(2) A person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000.

(3) Any person who in compliance or purported compliance with this section knowingly, or recklessly, gives the Executive information which is false or misleading in a material particular is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 3 months or both.

(4) In this section, “material change in circumstances”, in relation to a person, means any change in the circumstances of—

(a) the person or a child of the person of less than 21 years of age, or

(b) if the person is a member of a couple, the partner of the person or, if different from a child who falls within paragraph (a), a child of that partner of less than 21 years of age,

which may result in—

(i) financial support not being provided to the person,

(ii) the amount of financial support provided to the person being reduced, or

(iii) financial support which is being provided to the person ceasing to be provided.

Annotations:

Amendments:

F26

Inserted (20.10.2021) by Nursing Homes Support Scheme (Amendment) Act 2021 (27/2021), s. 18, commenced as per s. 33(2).

Editorial Notes:

E28

A fine of €1,000 translates into a class D fine, not greater than €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 1, S.I. No. 662 of 2010.

A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.