Dáil Éireann Debate, Tuesday - 14 May 2024
565. Deputy Pádraig O'Sullivan asked the Minister for Health if consideration has or will be given to the relaxation of the five-year rule for farmers in respect of the nursing home support scheme (details supplied); and if he will make a statement on the matter. [21312/24]
Amharc ar fhreagraThe Nursing Home Support Scheme (NHSS), commonly referred to as 'Fair Deal', is a system of financial support for people who require long-term residential care. The primary legislation underpinning the NHSS is the Nursing Home Support Scheme Act 2009. Participants in the NHSS 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. Participants within the NHSS contribute up to 80% of their income (40% if part of a couple) and 7.5% per annum of the value of their assets (3.75% if part of a couple). The first €36,000 (€72,000 if part of a couple) is excluded from assessment. The value of a person's principal residence is only assessed for contributions for their first three years on the scheme. Assets assessed include cash assets as well as non-cash assets such as the principal private residence, other property and land, including farmland. Transferred assets and income, defined as assets or income transferred to another person up to five years before a person's application to the scheme, are also assessed. Schedule 1, Part 3 defines a transferred asset as follows:
““transferred asset” means an interest of the person in an asset (whether a cash asset or a relevant asset) which has been transferred at any time in the period of 5 years prior to the date on which an application for State support is first made by or on behalf of that person which transfer is made— (a) for no consideration, (b) for nominal consideration, or (c) for consideration which is less than 75 per cent of the estimated market value of the interest of the person in the asset at the time of the transfer but does not include the transfer of an asset made in respect of the settlement of any claim made in respect of the maintenance of a child or other matrimonial proceedings, and that the Executive is satisfied that such transfer was made for that purpose, and the estimated market value of a transferred asset shall be determined on the basis of the value of the asset at the time of the transfer, and where the asset comprises monies not being in the currency of the State, or other assets held in a place outside the State, the currency of which is not the currency of the State, converted into the currency of the State at the date of the transfer of the asset concerned;”
Given the size, complexity and cost of the NHSS, implementation is complex and any changes in policy direction need to be carefully assessed and kept under review. While there are currently no plans to review this element of the legislation, the Department of Health is consistently seeking to identify improvements and introduce enhancements to the scheme, where feasible, which aims to ensure that long-term nursing home care is sustainable, accessible and affordable for everyone and that people continue to be cared for in the most appropriate settings. All questions arising in respect of title, as they pertain to the lawful ownership and transfer of property, are matters between the HSE and the applicant and their representatives.
