Róisín Shortall (Dublin North West, Social Democrats)
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307. To ask the Minister for Health the specific legislative basis that allows the Health Service Executive to request payment from the estate of a deceased person, in circumstances where an overpayment was assessed after the death of a person in respect of the level of support awarded to the deceased person under the nursing home support service scheme; and if he will make a statement on the matter. [8286/16]

Kathleen Lynch (Cork North Central, Labour)
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The Nursing Homes Support Scheme is a system of financial support for those in need of long-term nursing home care. Participants contribute to the cost of their care according to their means while the State pays the balance of the cost.

The Nursing Home Loan (Ancillary State Support) is an optional benefit of the Nursing Homes Support Scheme, the purpose of which is to ensure that a person does not have to sell their home during their lifetime to pay for long-term nursing home care. Where a person’s assets include land and property in the State, the contribution based on such assets (7.5% of the value of such assets per annum) may be deferred. The loan can be repaid at any time but will ultimately fall due for repayment upon the applicant’s death.

An applicant or their care representative must notify the HSE of any material change in their circumstances where it may result in financial support not being provided, being reduced or ceasing to be provided. The HSE may review a person’s financial assessment at any stage, or if it is satisfied that there has been a material change to the person’s financial assessment.

Where a Scheme participant or his/her partner dies, Section 27 of the Nursing Homes Support Scheme Act, 2009 puts an obligation on the personal representative of the deceased person to provide the HSE with notice in writing of his/her intention to distribute the assets of the deceased and to provide a schedule of assets by reference to Section 48(2) of the Capital Acquisitions Tax Consolidation Act 2003. The personal representative must provide this information to the HSE as soon as practicable but in any case, not less than three months before the distribution of the assets of the estate.

Where discrepancies are identified following a review of a deceased person's assets, the HSE requests repayment of the excess amount of State support paid in relation to the applicant. Under Section 27 of the Act, the personal representative must ensure that assets of the estate are retained which are sufficient to repay any amount which may be due and repayable in respect of (a) advances of Ancillary State Support (Nursing Home Loan) and (b) non-disclosure or misstatement by a person in relation to a financial assessment or a review of a financial assessment (Section 42 of the Act also refers).