Michael Healy-Rae
Question:559. Deputy Michael Healy-Rae asked the Minister for Health his views on a matter (details supplied); and if he will make a statement on the matter. [41262/23]
View answerTuesday, 26 September 2023
Questions (559)
Written answers
The Nursing Homes Support Scheme (Amendment) Act 2021 was signed into law by President Higgins on 22 July 2021 and became fully operational from 20 October the same year. The goal of this amendment is to assist in protecting the viability and sustainability of family farms and family-run businesses. The stated policy objective of the legislation is to introduce additional safeguards in the Scheme to further protect the viability and sustainability of family farms and businesses that will be passed down to the next generation of the family to continue to work them as productive assets to provide for their livelihood.A condition of receiving the financial relief offered under the Act is that a family successor commits to working the productive asset for a substantial part of their working time for a period of 6 years. In line with the policy objective to ensure the viability of family farms and businesses the Act clearly defines who can be a family successor.The principal amendment introduced under the Act extended the three-year cap on contributions based on farm and business assets where an appointed family successor commits to working the productive asset for a period of 6 years. To be considered for the 3-year cap, the legislation requires that an asset owned by an applicant for the Scheme, or recently transferred to a family member, is a productive family asset that has been actively worked by a family member for a significant period of time in advance of the person entering care. There are no plans to further amend these conditions.However, the Department of Health is in the process of amending the Nursing Homes Support Scheme to broaden the definition who could act as the family successor. Even though cousins have been the main request for inclusion, to avoid challenges and to be consistent, all family members with an equivalent order of relationship to the resident will be included. This would expand those eligible to act as family successor to cousins, great-nephews and great-nieces, and great-grandchildren of either the resident or their partner.It is envisaged that this will retain the policy intention for family farms and businesses, whilst providing enough flexibility in the case that people will be in a situation where they would have no eligible family successor. It is worth noting that any family successor will also need to commit to follow the obligations as outlined under the 2021 Act.The exact wording of this legislation can be found at the following link: www.irishstatutebook.ie/eli/2021/act/27/enacted/en/print#sec2