Dáil Éireann Debate, Tuesday - 20 February 2024
579. Deputy Kathleen Funchion asked the Minister for Health if there is any circumstance where the fair deal payment owed at the end of a nursing home resident's stay is deferred or can be paid in instalments over a period of time; and if he will make a statement on the matter. [7743/24]
View answerOne feature of the Nursing Homes Support Scheme (NHSS) is that NHSS participants who own property/land-based assets in the State also have access to Ancillary State Support, or the Nursing Home Loan, which is an optional feature of the Fair Deal Scheme. It is a loan advanced by the HSE to help people meet the portion of their contribution to the cost of care that is based on property/land-based assets, most typically against the personal residence. If an individual secures Ancillary State Support, they will not need to contribute against the value of the relevant property during their time on the scheme, unless the property is sold during that time.
Advancing of the Nursing Home Loan by the HSE results in the creation of a charge (a simple type of mortgage) in favour of the HSE against the interest of the applicant and his/her partner in the asset(s). The HSE will notify the Property Registration Authority of the charge who will register it against the specified asset(s).
It is advisable to seek independent legal advice before applying for a Nursing Home Loan, however there is no requirement to do so.
The Nursing Home Loan may be applied for at any time, not just when entering into long-term nursing home care. Applications for the Nursing Home Loan may be granted by the HSE subject to the overall budget available to it.
The Nursing Home Loan together with interest accumulated is repayable (unless the applicant has voluntarily repaid the loan prior to it falling due for repayment):
• when the applicant dies, or
• when any part of the charged asset is transferred/sold (HSE must be notified within 10 working days of transfer/sale) or
• if the applicant or his/her partner is made bankrupt, or
• if the HSE determines that it has been given false/misleading information relating to this loan application
The Revenue Commissioners has responsibility for recouping the cost of the Nursing Home Loan and all queries in respect of repayment should be directed to them for their attention.
In certain conditions - for example, where a partner or child continues to reside in the property - a further deferral to the repayment of the loan can be granted.
These conditions are outlined in the Nursing Homes Support Scheme Act and can be found by following this link: www.irishstatutebook.ie/eli/2009/act/15/enacted/en/print#sec20
The conditions under which a person make seek a deferral are also outlined on page 29 of the NHSS Application form which can be accessed from the following link:
assets.hse.ie/media/documents/HSE_Nursing_Homes_Support_Scheme_Application_form_and_support_information.pdf
Where a connected person is seeking to defer payment of the Nursing Home Loan, it is advisable to contact their local Nursing Home Support Office within 3 months of the relevant event for advise on the appropriate steps necessary to defer repayment.
S.I. No. 436 of 2009 Nursing Homes Support Scheme (Collection and Recovery of Repayable Amounts) Regulations 2009, provides for the charging of interest on late payments. It states:
‘the amount of interest to be carried by a repayable amount, or any part of a repayable amount shall be determined by the formula— R x D x 0.0219% where—R is the repayable amount, or any part of that amount, which remains unpaid, and D is the number of days (including part of a day) forming the period of delay’.
In situations where a person encounters difficulties in respect of repayment of the Nursing Home Loan amount they should contact Revenue’s helpline at 01 7383663 as soon as possible for further assistance.
