Tom Hayes (Tipperary South, Fine Gael)
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Question 189: To ask the Minister for Health and Children the position regarding the fair deal scheme and family homes; if a son or daughter lives in the home and is dependent on that as being their place of residence will they be expected to sell their home; when they will be expected to find the money which is owing; and if she will make a statement on the matter. [40040/09]

Áine Brady (Kildare North, Fianna Fail)
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Under the Nursing Homes Support Scheme, individuals contribute up to 80% of their assessable income and 5% of the value of any assets in excess of the asset disregard per annum towards their long-term nursing home care costs. The asset disregard is €36,000 for an individual and €72,000 for a couple.

Where a person's assets include land and property, the 5% contribution based on such assets may be deferred and collected at a later date. This is an optional element of the scheme called the Nursing Home Loan. This loan will become repayable after the person's death or if the person sells/transfers their property (if this occurs before their death).

A person's principal residence will only be included in the financial assessment for the first 3 years of their time in care. This is known as the 15% or 'three year' cap. It means that a person will pay the 5% contribution based on their principal residence for a maximum of three years regardless of the time they spend in nursing home care. After 3 years, even if a person is still getting long-term nursing home care, they will not pay any further contribution based on the principal residence. This 'three year' cap applies regardless of whether a person chooses to opt for the loan or not.

In the case of a couple, where one partner remains in the home while the other enters a nursing home, the contribution based on assets is 2.5% per annum and the contribution based on the principal residence is capped at 7.5%.

If there is a spouse or certain dependents living in the principal residence when the person in nursing home care dies, the repayment of the loan may be further deferred.

The people who can avail of a further deferral are:

(i) the spouse or partner of the original applicant, or

(ii) certain people, termed "connected persons", who satisfy the following conditions:

The asset in question must be their only residence.

They must have lived there for not less than 3 years preceding the original application for Ancillary State support.

They must not have an interest in any other property.

Connected persons include:

1. a child of the original applicant (or their spouse or partner) who is under the age of 21 or whose assets do not exceed the asset disregard (i.e. €36,000 for a single person and €72,000 for a couple)

2. a sibling of the original applicant whose assets do not exceed the asset disregard,

3. a relative in receipt of certain State payments or with income below the State Pension (Contributory), or

4. any person who cared for the applicant prior to the latter entering nursing home care. This is defined by reference to relevant caring-related State payments.

If a further deferral is availed of, the loan will not become repayable until:

the spouse/partner or connected person dies,

the connected person ceases to qualify as a connected person or meet the conditions outlined at (ii) above, or

the house is sold/transferred,

whichever happens first.

Mary Upton (Dublin South Central, Labour)
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Question 190: To ask the Minister for Health and Children if a person (details supplied) in Dublin 12 can opt into the nursing homes support scheme at a later date rather than now; and if she will make a statement on the matter. [40056/09]

Áine Brady (Kildare North, Fianna Fail)
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The Nursing Homes Support Scheme is a voluntary scheme of financial support towards the cost of long-term nursing home care. Individuals currently in nursing homes which qualify for the scheme can choose to retain their current arrangements or can transfer to the new scheme now or at any time in the future.

The lady referred to by the Deputy may wish to note that, if she downsizes her home, the value of her new house as well as any savings in the bank, e.g. proceeds from the sale of her existing house, would be taken into account during the financial assessment.