Dáil Éireann Debate, Tuesday - 10 July 2018
554. Deputy Martin Kenny asked the Minister for Health his plans to change the policy of awarding appeals under the fair deal scheme from the date of appeal decision to that of backdating it to the date of the initial award; and if he will make a statement on the matter. [30342/18]
View answerThe Nursing Homes Support Scheme is a system of financial support for those in need of long-term nursing home care. Participants contribute to the cost of their care according to their means while the State pays the balance of the cost. The Scheme aims to ensure that long-term nursing home care is accessible and affordable for everyone and that people are cared for in the most appropriate settings.
Certain decisions of the HSE in relation to the scheme may be appealed within 40 working days of the original decision been made. The decisions which may be appealed include:
- the result of the needs assessment,
- the HSE’s decision not to consider an application for State Support,
- the HSE’s decision not to carry out a financial assessment,
- the result of an application for State Support,
- the result of an application for the Nursing Home Loan,
- the result of a review.
Appeals are considered by suitable people who are appointed by the HSE with the approval of the Minister of Health. The outcome of an appeal may be further appealed to the High Court on a point of law. A case can also be taken with the Office of the Ombudsman.
The National Guidelines for the Standardised Implementation of the NHSS provide that State Support and the Nursing Home Loan should be paid in respect of qualified applicants from either the date that the application is approved, or date of admission to the nursing home whichever is the later.
There are no plans to amend these guidelines to provide for funding to be backdated in the case of a successful appeal.
