David Cullinane (Waterford, Sinn Fein) | Oireachtas source

I commend the Minister for State on bringing forward the Bill. I am sharing time with Deputies Patricia Ryan, Martin Kenny and Martin Browne.

I welcome the Bill, which introduces a three-year cap on assessment of transferred assets to protect the viability of family farms and businesses. Section 3 sets out how a successor is appointed to assets and puts in place rigorous safeguards to ensure it is for the purposes of running a family farm or business. Section 5 sets out how the HSE will determine eligibility for the cap to apply. This only happens after someone has been in care for three years, which may put in doubt some of the certainty being looked for to plan ahead. Section 14 allows for a care representative to make decisions in the event of incapacity of the person in care. It is important this is overseen appropriately and carefully to ensure there is no abuse of these powers. Sections 15 and 16 allow for notification of a change in material circumstances and how that will be handled where a successor cannot pay. Section 20 allows for further appeals against the HSE to be made. Sections 23 and 24 set out annual reporting and review of operation of amendments required.

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