Nursing Home Support Scheme Act

Nursing Home Support Scheme Act

The Nursing Home Support Scheme (otherwise known as the Fair Deal Scheme) provides two types of financial support for people assessed as needing long-term nursing home care -State Support and a Nursing Home Loan (Ancillary State Support).

State Support: In order to avail of State Support, your income and assets are assessed and your weekly contribution towards your nursing home fees is calculated based on the outcome of this assessment. The HSE will pay the rest of the weekly cost of your care - this is called State Support.

Nursing Home Loan (Ancillary State Support): This is an optional extra feature of the Nursing Homes Support Scheme for people who own property or assets in the State. Instead of paying your full weekly contribution for your care from your own means as outlined above, you can choose to apply for a Nursing Home Loan to cover the portion of your contribution which is based on property or land-based assets within the State.

The HSE will then pay that portion of your cost of care on top of your State Support payment. This is known as a Nursing Home Loan which will be registered as a charge against your property. The loan is paid back to the State (via the Revenue Commissioners) after the sale of the asset or your death, whichever occurs first. In certain cases, repayment of the loan can be deferred.

The Care Representative

A Care Representative is required where a person in need of nursing home support has reduced capacity to make certain decisions (i.e. diminished mental capacity) and wishes to apply for the Nursing Home Loan.

The Care Representative will act on behalf of that person in respect of the Nursing Homes Support Scheme and specifically in respect of the Nursing Home Loan. They can also act on behalf of the person in relation to making an application for a Care Needs Assessment, State Support, or any other matter relating to the scheme. The list of people who can apply to be a Care Representative is set out below.

The Care Representative is appointed by the Circuit Court and application for such appointment is made before the County Registrar.

The following persons, in order of priority, may apply to be appointed as a Care Representative once they are 18 years of age or over:

  1. Your spouse/partner;
  2. Your parent;
  3. Your child;
  4. Your brother or sister (whether of the whole or half blood);
  5. Your niece or nephew;
  6. Your grandchild;
  7. Your grandparent;
  8. A person who appears to the court to have a good and sufficient interest in your welfare, other than;
    • the owner of a nursing home in which you reside or are likely to reside.
    • a medical practitioner who examined you and prepared a report for the Court in relation to your capacity.
  9. Your aunt or uncle;

If you would like more information about the nursing home support provided for under the Nursing Home Support Scheme Act 2009 or if you require further information in relation to making an application for appointment as Care Representative, please call us on 01-4900881.

Michael O'Shea and Co. Solicitors

291 Templeogue Road,
Dublin 6W.
Eircode: D6W EW97

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Telephone: 01 490 0881

E-mail: michael.oshea@oshea.ie

 

       

 

Directions

While travelling on the M50 at junction 11, exit toward Tallaght Rd/R137. Travel for 0.9 km, keeping left and following signs for N81/City Centre/Templeogue and merge onto Tallaght Rd/R137.

Continue to follow R137 for 1.2 km and at the roundabout, take the 2nd exit onto Templeogue Rd/R137 and the office is on the left.

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