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Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: I move amendment No. 23: In page 15, line 34, to delete "15 working days" and substitute "10 working days".

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: Amendments Nos. 27 and 28 propose to remove the right of the HSE to appoint a suitable person to value assets and stipulate that any valuation must be undertaken by an independent third party. First, it should be noted that individuals will be submitting their own valuations alongside their application form for State support. As such, this provision is merely a necessary safeguard within...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: Generally, we expect the applicant's valuation to be accepted. This amendment, which is a safeguard, will ensure that the HSE will pay for it if it disputes the applicant's valuation. Deputy Reilly's amendment would require the HSE to fund the cost of the valuation. Under the legislation as it stands, the HSE will not seek a second opinion unless the applicant's valuation is disputed.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: The HSE will not seek a valuation unless there is a dispute about the application.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: The matter will be reviewed by the financial review section.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: Under Deputy Reilly's amendment, we would have to meet every applicant's costs.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: The applicant would be able to make an appeal to the relevant officers in the financial review section.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: They are on a panel appointed by the Minister.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: The appeals officers, who will be appointed by the Minister, will settle any disputes in the financial review section.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: I move amendment No. 30: In page 16, line 29, to delete "28 days" and substitute "40 working days".

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: I move amendment No. 32: In page 16, lines 34 and 35, to delete "15 working days" and substitute "10 working days".

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: I move amendment No. 34: In page 17, line 2, to delete "15 working days" and substitute "10 working days".

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: I move amendment No. 35: In page 17, to delete lines 32 to 37. Amendments Nos. 35 and 48, which reflect commitments made to Deputy Reilly on Committee Stage, will remove the right of the HSE to cease paying financial support when a person fails to pay his or her contribution. This is appropriate, given that the payment of the contribution is a private matter between the individual and the...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: I move amendment No. 37: In page 19, lines 28 to 30, to delete all words from and including "and" in line 28 down to and including "relates," in line 30. The purpose of amendment No. 37 is to ensure that, in the case of couples, both members of the couple apply for ancillary State support. At present, both members of the couple must request the payment of ancillary State support only where...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: If the regulations do not deal with that, such a couple will not be able to make an application.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: I am informed that the regulations will deal with that.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: 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...

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: In response to Deputy Connaughton, if the couple are not legal owners of the asset it is not taken into account in financial assessment.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: The spouse who is not formally requesting the support because he or she does not have a legal interest does not have to pay and the State picks up the cost.

Nursing Homes Support Scheme Bill 2008: Report Stage (Resumed) and Remaining Stages (26 May 2009)

Áine Brady: If they are a couple both members must apply even if only one is the legal owner of the asset.

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