Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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215. To ask the Minister for Health if the fair deal scheme will be amended for persons (details supplied); the status of same; and if he will make a statement on the matter. [7918/18]

Jim Daly (Cork South West, Fine Gael)
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When the NHSS commenced in 2009, a commitment was made that it would be reviewed after three years. The Report of the Review was published in July 2015. Arising out of the Review, a recommendation was made to examine the treatment of business and farm assets for the purposes of the financial assessment element of the Scheme. The programme for a Partnership Government has also committed to reviewing the NHSS to remove any discrimination against small businesses and family farms. I am committed to this review. However, it is important to remember that the NHSS is largely underpinned by primary legislation and changes to the NHSS will require legislative implementation.

On this basis, I requested legal advice from the office of the Attorney General regarding potential changes to the legislation that will address this matter. The Department has recently received this advice and are exploring the legislative changes necessary and any potential impacts as a result of amending the scheme. It is hoped to bring a Memo to Government on this issue shortly and, subject to Government approval and the drafting process, I then hope to bring forward these legislative proposals thereafter.