Billy Timmins (Wicklow, Fine Gael)
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Question 128: To ask the Minister for Health and Children the position regarding the fair deal scheme (details supplied); and if she will make a statement on the matter. [45081/09]

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.

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.