Dáil Éireann Debate, Tuesday - 5 March 2024
794. Deputy Bríd Smith asked the Minister for Health if changes to the fair deal scheme legislation are being considered to prevent a spouse denying or delaying their spouse's access to necessary full-time nursing home care; the progress in this area; if and when these changes will come into effect; and if he will make a statement on the matter. [10804/24]
View answerFair Deal was designed to protect and support vulnerable older people, to ensure equal access to nursing home care based on what they could afford. This gives certainty to people and families. Participants contribute to the cost of their care according to their means while the State pays the balance of the cost.
Government funding for Fair Deal is to support vulnerable older people at a time in their lives where full-time care is essential.
The Nursing Homes Support Scheme Act 2009, the legislation which underpins the Fair Deal scheme, outlines in Part 2, Section 7 (6) the criteria which comprises the care needs assessment under the Act.
Those seeking to apply for the Nursing Homes Support Scheme (NHSS) must first complete a care needs assessment. The care needs assessment is used to identify the individual requirements and care needs of the applicant and includes evaluation of the applicant’s capacity to perform activities of daily living, their cognitive ability, the family and community support that is available as well as the applicant’s access to medical, health and personal social services being provided to or available both at the time of the carrying out of the assessment and generally. The Act also includes provision for any other matter that affects a person’s ability to care for himself or herself, and consideration of the likelihood of a material alteration in the person’s circumstances during their lifetime that could potentially inhibit their ability to care for themselves.
There are no provisions within the NHSS legislation to compel a person to enter long-term care, nor are there any plans to insert provisions of this nature into the existing Act.
In circumstances where a third party is delaying or denying access to care services appropriate to the needs of an older person, in order to ensure the safety and welfare of that older person if they are thought to be at risk, legal assistance, advocacy supports and/or the assistance of the Decision Support Service could potentially be considered.
