The Fair Deal Scheme – What Is Available & Who Applies?

Fair Deal Scheme solicitor Drogheda
The Nursing Home Support Scheme provides financial support to people who need long term nursing home care. It is governed by the Nursing Home Support Scheme Act 2009. It’s commonly referred to as the “Fair Deal Scheme.”
What types of supports are available through the Fair Deal scheme?

There are two types of financial support to contribute to the cost of nursing home care, provided for under the Nursing Home Support Scheme Act, 2009:

  1. “State Support” which is a cash contribution to the weekly cost of nursing home care;
  2. “Ancillary State Support” which is a loan, secured on the Applicant’s assets. This option reduces the cost of weekly care further, by taking out a loan. 
Who can apply for “State Support”?
  1. The person seeking the support under the Fair Deal Scheme.
  2. If the applicant lacks capacity or is unable to complete the application then:
    • A Committee of Ward of Court;
    • An Attorney under an Enduring Power of Attorney;
    • A Care Representative appointed by Court;
    • A Spouse/Partner;
  • A relative over 18 years of age;
  • A Next Friend appointed by the Court;
  • A legal representative;
  • A registered medical practitioner;
  • A registered nurse;
  • A registered social worker.
Care needs assessment.

Applicants are assessed by healthcare professional appointed by the H.S.E. The assessment will cover:

  1. The Applicant’s ability to carry out daily living activities;
  2. The medical, health and social services being provided to the Applicant;
  3. Support from family and local people;
  4. The wishes of the Applicant.
CSAR 

The report completed is called the Common Summary Assessment Report. Then the H.S.E. will notify the Applicant of its decision and the reasons for its decision. 

Fair Deal Scheme

Financial Assessment for State Support 

Schedule 1 of the 2009 sets out the process of assessing the applicant’s means. Part 1 is for a single person and Part 2 is for a couple. 

All assets transferred for 5 years or more are excluded from the financial assessment. 

Financial Assessment for State Support 

The following are assessed:

  1. Income;
  2. Cash Assets;
  3. Non Cash assets;
  4. Allowable deductions.
Who can apply for “Ancillary State Support”?
  1. The person seeking the support under the Fair Deal Scheme. 
  2. If the applicant lacks capacity or is unable to complete the application then:
  • A Committee of Ward of Court; or
  • An Attorney under an Enduring Power of Attorney; or
  • A Care Representative appointed by Court;
nursing home support

How to appoint a Care Representative

If the Applicant lacks capacity and is not a ward of Court and has no Enduring Power of Attorney in place, it will be necessary to make an application to appoint a Care Representative. The function of the Care Representative is to apply for the Ancillary State Support under the Fair Deal Scheme only and consent to the creation of a charge against the property. The Care Representative has no decision-making capacity in relation to the Applicant. 

ward of court
fair deal scheme

The application is brought by way of  Notice of Motion and Grounding Affidavit   to the County Registrar in the County where the Applicant is residing at the date of the application or where the Applicant has resided at any time during the three years prior to the making of the application.  Stamp Duty of €130 is payable on the Notice of the Application and €15 on the Affidavit.If the property is owned jointly, the consent of the joint owner must be obtained. Two medical reports must be provided to the Court confirming that the applicant does not have capacity.

Repayment of Nursing Home Loan

Under the Fair Deal Scheme , the loan becomes repayable on the occurrence of the “relevant event”, being:

  1. The death of the resident;
  2. The sale or transfer of the relevant asset (before death)
  3. if the HSE determines that it has been given false or misleading information in relation to the loan application.

Time Limits

Loans granted under the Fair Deal Scheme:

1. Must be repaid within 12 months of the date of death;

                                             or

2. Must be repaid within 6 months in the event of a sale or transfer of the asset.

Fair Deal Scheme

The repayment is made to the Revenue Commissioners not the HSE. The HSE will notify the Revenue within three months of the event and the amount owed.

Madden Law is a solicitors office in Drogheda specialising in services for the elderly.

You can book an appointment online with a solicitor at a time that suits you.
error: Content is protected !!