Áine Brady (Kildare North, Fianna Fail)

The requirement to interpret what constitutes an interest in an asset could also render the scheme vulnerable for the following reason: if the HSE interprets an interest to refer only to a beneficial interest then, notwithstanding other legislative provisions, this could leave it open to challenge when the time comes to collect the repayable amount, for example, a married person could claim to have an interest in his or her partner's asset even though his or her name does not appear on the title deeds. In such a case the spouse not having a beneficial interest would not have formally requested ancillary State support thereby consenting to the creation of the charge and could subsequently seek to contest the validity of the charge. On the other hand, if the HSE asks both members of a couple to request support in cases such as the one I have outlined the couple may point out that it is not required under the legislation as the term "interest" is not defined and refuse to comply. In such a case it does not appear that the HSE could subsequently refuse to deal with the application.

See this speech in context