Róisín Shortall (Dublin North West, Labour)
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Question 128: To ask the Minister for Health and Children the reason the valuation of property is valued as of the date of transfer rather than the present day valuation in respect of the fair deal scheme and in the case of the family home being transferred to a family member within the past five years; her views on whether this is fair; and the statutory basis for same. [24661/10]

Áine Brady (Kildare North, Fianna Fail)
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The five year anti-avoidance mechanism is necessary in order to ensure that the scheme is fair to all and financially sustainable. The inclusion of transferred assets in the financial assessment is not a new measure. Transferred assets were also taken into account under the Subvention Scheme which was introduced by way of Regulations in 1993 and established in primary legislation in the Health (Nursing Homes) (Amendment) Act 2007.

Transferred assets are taken into account under the financial assessment using the valuation at date of transfer because this is the amount that could have been realised from the sale of the asset at the time. The financial sustainability of the scheme is underpinned by the principle that applicants will contribute according to their means, which includes a percentage of their assets. To allow the transfer of assets prior to application would therefore undermine the entire scheme. The legal provision is contained in Schedule 1 of the Nursing Homes Support Scheme Act 2009.