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Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: I have the clarification I needed.

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: I refer to my experience in acting in a legal capacity. I have run into difficulties with the HSE where I have written to the HSE in a legal capacity to find the HSE corresponding directly back with a member of the family who has sought legal advice because he or she is not able to manage the matter. I found the HSE totally ignoring the legal letters and corresponding back to the spouse or...

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: There is a situation such as an enduring power of attorney. There is a special process within the fair deal scheme whereby people can apply to the county registrar in their areas. People can be appointed under the scheme. That process is available and is used regularly when a person is no longer capable of giving instructions. Two medical reports are needed. Applications can be made to...

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: The rule under the fair deal scheme is that, if a farm is transferred within five years of a person going into the nursing home, the farm is taken into account. I have come across many cases where the farm is already transferred when the person is in the nursing home. Is the Minister of State saying he or she will have to go through three years from the date of the appointment of the...

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: No, that is not the question I am asking. Under the fair deal scheme, if a person transfers a farm any time within the five years before going into a nursing home, the farm is taken into account in calculating the payment. There is a charge of 7.5% per annum on the farm, even though it is already transferred. The Minister of State is saying the three years starts running from the...

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: My view is that where the farm is already in the name of another family member and has been for some time, he or she is caught under the fair deal scheme and still has to pay 7.5% per annum. If the person has not owned for farm for some time, how can the three years only run from the time a successor is appointed under the Act?

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: No. The five-year rule applies in relation to farms. If the farm was transferred within the previous five years, under the fair deal scheme, it is taken into account in calculating the contribution paid to the nursing home. I refer to where the farm is already in the name of a family member and the 7.5% is being taken into account even though the farm is no longer in the name of the person...

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: I am still a little unclear on this point. Will the three years run from the date the person is appointed as successor under the Act or will the three years from the time the farm was transferred be taken into account, even if it was between two and three years? The Minister of State may not have the answer to hand but we need clarification on this because I am not at all clear on it.

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: I will look for clarity on this point before Report Stage as I am still not clear on this matter.

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: I dealt with a very similar case to that which Deputy Denis Naughten has set out. It was a case in which a guy transferred a farm to his son. The farm was already in his son's name. Unfortunately, the son committed suicide and the farm reverted to the mother because the father had no remit. She did nothing with the farm; she did not have sufficient time to do anything. She transferred...

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: I thank the Minister of State. I would appreciate that.

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: Following on from what the three previous speakers said, I have advised people in recent years in situations where a family wanted to sell a house and the person in the nursing home agreed that it should be sold. The 7.5% had already been deducted, however. If the house was sold in those circumstances and the money lodged into a bank account, there would then be a further reassessment....

Select Committee on Health: Nursing Homes Support Scheme (Amendment) Bill 2021: Committee Stage (30 Jun 2021)

Colm Burke: That does not clarify my question. The Minister of State has referred to a successor appointed under the Bill or Act-----

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Colm Burke: May I come in later as I have another meeting to attend for approximately half an hour?

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Colm Burke: My apologies, as some of this may have already been raised. Unfortunately, I had to be at another committee meeting this morning. I have a question about the initial contract that was entered into, which was about the structural elements of the building and all of that structural work. My understanding is that work is now substantially completed. Why cannot the issues about the additional...

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Colm Burke: What was the initial price in relation to phase A?

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Colm Burke: Are there still outstanding issues as regards the dispute about phase A in terms of additional claims?

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Colm Burke: Even phase A claims are still not resolved.

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Colm Burke: Can I ask about the process of dealing with the claims? Is Mr. Devine saying that, at this stage, we are going to try to get this project finished, before all of the claims will finally be determined? Are they all parked until such time as everything is finished?

Public Accounts Committee: National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed) (13 Jul 2021)

Colm Burke: Can I ask about hospital projects in other parts of the world? Has the board looked at those projects and learned from them? For instance, it is estimated that Canada’s SickKids Foundation will cost an additional 15% per annum, as the contract goes on. Has the board looked at other projects to make sure that we do not make the same error? While we have already made errors, we want...

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