Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 169: To ask the Minister for Health and Children if she will advise on a matter (details supplied). [44323/08]

Máire Hoctor (Tipperary North, Fianna Fail)
Link to this: Individually | In context

I refer to the particular matter raised by the Deputy. A central objective of the new Nursing Homes Support Scheme, A Fair Deal, is to ensure that care is affordable for all who need it and that no-one has to sell their home during their lifetime in order to pay for their care. In order to meet this objective, the scheme provides that a person may defer contributions based on their family home, or other Irish land-based assets, for the duration of their lifetime. This benefit is referred to as "Ancillary State support". The provision of Ancillary State support is subject to a Charge being placed against the asset concerned.

If a person wishes to avail of Ancillary State support and is of diminished mental capacity, they will require a care representative to act on their behalf unless they are already a Ward of Court or already have a registered Enduring Power of Attorney in place. A care representative is a person appointed by the Circuit Court to act on behalf of a person who is of diminished mental capacity. The care representative can act on behalf of the person in relation to (i) an application for Ancillary State support, (ii) consenting to the creation of the charge against the asset concerned and (iii) matters relating to the Nursing Homes Support Scheme generally. A care representative may not act on behalf of a person in relation to matters outside of the Nursing Homes Support Scheme.

The Nursing Homes Support Scheme Bill sets out the basis for determining mental capacity and appointing a care representative. It also stipulates the people who may act as a care representative as follows:the spouse or partner of the person, a parent of the person,a child of the person,a brother or sister of the person,a niece or nephew of the person,an aunt or uncle of the person,a registered medical practitioner or such other health practitioner (other than the proprietor of a nursing home in which the person resides or is likely to reside) as appears to the Court to be a fit and proper person to make the application. The list operates in descending priority although a person with a greater priority may consent to an application by a person of lower priority.

Finally, the Deputy may wish to note that the scheme also provides for one further deferral of contributions based on the family home where there is a spouse/ partner living in the family home or where there is a connected person who meets the criteria set out in the legislation. This ensures that contributions may be further deferred for the lifetime of the spouse/ partner or the connected person.