Mary Butler (Waterford, Fianna Fail) | Oireachtas source

I thank the Deputy. The relief is not automatic but is contingent on a family successor being appointed. Such a successor cannot be appointed until the amendment is enacted and commenced. That is the big problem. The condition that needs to be met under the scheme means that a successor must be in place. That is the entire premise on which this scheme is being enacted. It needs to be made clear so that everybody understands that those who have been in care for more than three years prior to the Bill being commenced will be advised to appoint a family successor quickly, once the Bill has been commenced. If they do so, they will avail of the relief very quickly. Let us take the example of a person who has been in a nursing home for the past two years. If that person appoints a successor as soon as the Bill is enacted, those two years will stand as time served in the nursing home. We are trying to make it as workable as possible. Once a successor is appointed, any time that has been spent in a nursing home will be included. If a person has been in a nursing home for two years, he or she will only have to get through a third year to avail of the cap on the scheme.

For those who enter care after the enactment of the Bill, they will be advised, as I said, to appoint a family successor soon after entering care. The logic of the section is to avoid a situation where an argument can be made that the relief should be backdated to a date prior to the amendment being commenced specifically for persons who have spent more than three years in care.

Unfortunately, the reason the Bills Office rejected this was the cost it would bring on the State. We are working to make sure any time served, once the successor is appointed, is recognised.