Billy Kelleher (Cork North Central, Fianna Fail)
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616. To ask the Minister for Health if there is discretion on the five-year rule, such as compassionate grounds in respect of the nursing homes support scheme; if so, the discretionary grounds; and if he will make a statement on the matter. [26709/16]

Helen McEntee (Meath East, Fine Gael)
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The Nursing Homes Support Scheme was established by the Nursing Homes Support Scheme Act, 2009. It is a scheme of financial support for people who need long term residential care services.

In line with the legislation there are three main steps to the process.

- Step 1 is an application for a Care Needs Assessment. The Care Needs Assessment identifies whether or not the person needs long-term nursing home care.

- Step 2 is an application for State Support. This is used to complete the Financial Assessment by the HSE which assesses the person’s contribution to care and his/her corresponding level of financial assistance (“State Support”). The Financial Assessment takes account of a person’s income and assets in order to determine the person’s contribution to their care.

- Step 3 is the decision to approve financial support for the applicant under the scheme.

As part of the Financial Assessment process, the HSE identifies any income or assets that the applicant and his/her partner may have deprived themselves in the 5 years leading up to their application or at any time on or subsequent to the date on which application for financial support under the scheme is first made. These are defined in the legislation as 'transferred assets and 'transferred income' and are considered by the HSE when making a determination on the person's contribution towards their care.

Under the legislation there is no provision for discretion on the five year rule.