Marian Harkin (Sligo-Leitrim, Independent)
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598. To ask the Minister for Health when the legislation will be in place to enact the changes to the nursing home support scheme for farm families; if these changes can be applied in the case of a person who entered nursing home care before the legislation is passed; and if he will make a statement on the matter. [44737/21]

Mary Butler (Waterford, Fianna Fail)
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The Nursing Homes Support Scheme (Amendment) Act 2021 was signed into law on 22 July, and it will be brought into operation on 20 October, 90 days from its enactment. The goal of this amendment is to assist in protecting the viability and sustainability of family farms and family-run businesses.

The principal amendment introduced under the Act extended the three-year cap on contributions based on farm and business assets where an appointed family successor commits to working the productive asset for a period of 6 years. To be considered for the 3-year cap, the legislation requires that an asset owned by an applicant for the Scheme, or recently transferred to a family member, is a productive family asset that has been actively worked by a family member for a significant period of time in advance of the person entering care.

For the purposes of calculating the three-year period after which contributions will be capped under the amendment, time already spent in care when the amendment comes into force will be taken into account. This means that a person who entered nursing home care three or more years ago should be able to benefit from the relief under the amendment when it comes into force, provided they can meet the other conditions.

However, the amendment does not provide for any retrospective relief or refunds on contributions to care made before the amendment comes into operation. Retrospective application of the proposed legislative changes would create a challenging precedent, involving high legal and administrative costs and risks, in attempting to apply retrospectively a complex set of conditions. It would also introduce a degree of inequity where conditions would be imposed in the past, with only some people in a position to satisfy those – as then unknown – conditions.