Seanad debates

Wednesday, 17 June 2009

Nursing Homes Support Scheme Bill 2008: Committee Stage (Resumed)

 

7:00 am

Photo of Frances FitzgeraldFrances Fitzgerald (Fine Gael)

I move amendment No. 18:

In page 16, subsection (1), line 3, to delete "a suitable person" and substitute "an independent third party".

The Bill gives very little scope for an independent review by a third party. The phrase "suitable person" occurs in the Bill and I propose that it be substituted with the words "an independent third party". The Bill should allow an independent third party to be involved in the assessment of means. The Bill allows the HSE to seek an assessment of means, which would be conducted by a suitable person of the HSE's choice. In establishing the market value of any item, the HSE is not bound by a valuation accompanying an application for State support but is empowered to select a suitable person to conduct the valuation.

A number of issues arise in relation to the assessment of financial means. It is not clear what is meant by "suitable person". Will the Minister of State clarify what is meant by this very wide term? Will it be further defined in regulation or will it be left as broad as it is? Will the means test be carried out by the HSE, State officials or an independent third party?

If there is a discrepancy between the market value of an asset established by the HSE and that submitted with an application for support, the HSE is not bound by the valuation submitted with the application. Such a disparity could have significant implications for the applicant or the State. I will make further points as the debate on this section proceeds. The key issue is the need for the involvement of an independent third party in the assessment of means. What is meant by "suitable person" and will it be defined further?

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