Billy Timmins (Wicklow, Fine Gael)
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Question 240: To ask the Minister for Health and Children the position regarding the new fair deal scheme; if exemptions apply in the case of a person (details supplied). [40509/09]

Áine Brady (Kildare North, Fianna Fail)
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Under the legislation, any income or assets transferred within the five years prior to applying for the scheme are taken into account in the financial assessment. This is not a new concept; the same measure was in place under the subvention scheme.

This provision does not affect a person's right to sell assets for full market value. Rather it is intended to prevent people from depriving themselves of assets for the purposes of the financial assessment.

However, the legislation also includes a provision, which only applies to items transferred prior to the 9th October 2008 (i.e. the date of publication of the Bill), that enables people to appeal the inclusion of transferred income/assets in the financial assessment. The applicant may apply to have transferred income/assets excluded from the financial assessment on the basis that their inclusion would cause undue financial hardship to themselves, their spouse/partner or their child under the age of 21.