Nursing Homes Support Scheme Act 2009

F45[Government order to modify assessment of eligible rental income

45D

45D.(1) Subject to subsection (3), where a report has been prepared under section 45C(2), the Government may, at the request of the Minister and the Minister for Housing, Local Government and Heritage, make an order

(a) providing that, with effect from such date as may be specified in the order

(i) step I of paragraph 2A of Part 1A of Schedule 1 and step K of paragraph 2A of Part 2A of that Schedule shall have effect as if such lower percentages as may be specified in the order were substituted for the percentages for the time being specified in those steps of those paragraphs, or

(ii) Parts 1A and 2A of Schedule 1 shall have effect as if they had not been amended by section 84 (1) and (2) of the Act of 2022,

or

(b) requiring the Minister, in consultation with the Minister for Public Expenditure and Reform and the Minister for Housing, Local Government and Heritage to prepare a further report setting out the findings and conclusions of the Minister in relation to the operation of the amendments to this Act effected by Part 9 of the Act of 2022 in respect of such period as may be specified in the order by such date as may be so specified.

(2) Subject to subsection (3), where a further report has been prepared by virtue of an order under subsection (1)(b), the Government may, at the request of the Minister and the Minister for Housing, Local Government and Heritage, make an order under subsection (1)(a).

(3) Before making an order under subsection (1) the Government shall consider whether it would be appropriate to do so having regard to

(a) the request referred to in that subsection or, as the case may be, subsection (2), and

(b) where the order is to be made following

(i) a report prepared under section 45C(2), that report, and

(ii) a further report prepared by virtue of an order under subsection (1)(b), that further report.

(4) An order under subsection (1)(a)(i) may provide that

(a) step K of paragraph 2A of Part 1A of Schedule 1 (so far as relating to the amount produced by step F), and

(b) step M of paragraph 2A of Part 2A of that Schedule (so far as relating to the amount produced by step H),

shall have effect as if such percentages as may be specified in the order were substituted for the percentages for the time being specified in those steps of those paragraphs.

(5) An order under subsection (1)(a)(ii) may provide that section 24 shall have effect as if the following subsection were substituted for subsection (1) of that section:

"(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 or a person who is a family successor shall give notice in writing to the Executive of

(a) any material change in circumstances,

(b) any change in circumstances that results in eligible rental income becoming, or ceasing to be, payable, or

(c) where eligible rental income is payable, any change in the amount of eligible rental income, not later than 10 working days after the material change or other change concerned comes to the knowledge of the person.".

(6) An order under this section may make such incidental, supplementary, consequential or transitional provision (including provision modifying the effect of this Act) as the Government consider necessary or expedient for the purposes of the order.

(7) The Minister shall cause a copy of any further report prepared in pursuance of an order under subsection (1)(b) to be laid before each House of the Oireachtas as soon as practicable after it has been prepared.

(8) An order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.]

Annotations:

Amendments:

F45

Inserted (1.11.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 83, S.I. No. 537 of 2022.

Editorial Notes:

E46

Power pursuant to subs. (1) exercised (1.02.2024) by Nursing Homes Support Scheme Act 2009 (Modification of Assessment of Eligible Rental Income) Order 2023 (S.I. No. 618 of 2023), in effect as per reg. 3.

E47

The section heading is taken from the amending section in the absence of one included in the amendment.