Nursing Homes Support Scheme Act 2009

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Repayment of monies advanced by way of ancillary State support where deferral of occurrence of relevant event applies.

20.— (1) This section applies where—

(a) payment of ancillary State support has been made in respect of a person receiving care services and the asset concerned is the principal residence of that person,

(b) the death occurs of the person who has been in receipt of care services and in respect of whom the ancillary State support was paid, and

(c) the conditions specified in subsection (2) are met.

(2) The conditions referred to in subsection (1) (c) are:

(a) that—

(i) the asset concerned is the principal residence of the surviving partner of the person who has died; and

(ii) such partner (or the partner’s representative) has made a request in the specified form to the Executive for the application of this section in his or her case and such request is made not later than 3 months after the death concerned (or such longer period, not exceeding 6 months after that death, as the Executive thinks appropriate); or

(b) the Executive is satisfied that—

(i) the asset concerned is the residence of a connected person and that such person does not have any other residence;

(ii) the connected person has ordinarily resided in the asset concerned for a period of not less than 3 years immediately preceding the date of the making of the request for payment of ancillary State Support;

(iii) the connected person does not have an interest in any other residential property; and

(iv) the connected person (or the connected person’s representative) has made a request in the specified form to the Executive for the application of this section in his or her case and such request is made not later than 3 months after the death concerned (or such longer period, not exceeding 6 months after that death, as the Executive thinks appropriate),

(c) and in each case that every person appearing to the Executive to have an interest in the asset concerned consents, subject to subsection (9), to the monies advanced by way of ancillary State support not becoming repayable until the occurrence of a deferred relevant event.

(3) Where the Executive makes a determination that the conditions specified in subsection (2) have been met, the Executive shall, not later than 10 working days after making that determination, give notice in writing of the decision and the reasons for the decision to each person who made the application.

(4) In this section, “ connected person ” means a person who is—

(a) a child of the person in respect of whom payment of ancillary State support was made, or of the partner of such person, and—

(i) such child is under 21 years of age, or

(ii) where such child has attained the age of 21 years, that the aggregate of his or her cash assets and relevant assets is not greater than the general assets deductible amount,

(b) a sibling of the person in respect of whom payment of ancillary State support was made, and the aggregate of whose cash assets and relevant assets is not greater than the general assets deductible amount,

(c) a relative of the person in respect of whom payment of ancillary State support was made and—

(i) who is in receipt of a disability or similar allowance,

(ii) who is in receipt of blind person’s pension,

(iii) who is in receipt of State pension (non-contributory),

(iv) who is in receipt, from a place outside the State, of any equivalent to an allowance or pension referred to in subparagraph (i), (ii) or (iii), or

(v) whose total income is not more than the maximum rate of State pension (contributory),

(d) a person who, by reason of caring for the person in respect of whom ancillary State support was paid, was in receipt of payment of Carer's Allowance, Carer's Benefit or the Respite Care Grant at any time during the period of 12 months prior to such person entering into long-term residential care, and that such care was provided for a continuous period of not less than 6 months, or

(e) a relative of the person who is the owner of a building to which the principal residence is attached.

(5) Where this section applies, the monies advanced by way of ancillary State support shall not become repayable until the occurrence of a deferred relevant event.

(6) In this section “deferred relevant event” means—

(a) where this section applies by reason of the death of a person referred to in subsection (1)(b), the death of the partner of that person,

(b) that the conditions specified in subsection (2) cease to apply,

(c) the death of a person who was a connected person or that person ceasing to come within the definition of “connected person”, or

(d) the transfer of an interest in the asset concerned,

whichever first occurs.

(7) In this section, “cash assets”, “general assets deductible amount” and “relevant assets” have the same meaning as they have in Schedule 1.

(8) The monies advanced by way of ancillary State support, adjusted in accordance with Schedule 2 , shall, subject to the provisions of this section, become due and payable on the day on which a deferred relevant event occurs.

(9) Nothing in this section shall operate to defer or prevent the operation of paragraph (c) or (d) of the definition of “relevant event” in section 19 (1) or the obligation to pay monies arising by reason of the occurrence of a relevant event referred to in either of those paragraphs.