Denis Naughten (Roscommon-Galway, Independent)
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295. To ask the Minister for Health if a farmer who entered the farm retirement scheme 26 years ago is eligible under nursing home support scheme for the three-year cap for farm relief now that they have entered a nursing home; and if he will make a statement on the matter. [2775/22]

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 became full operational on 20 October 2021. 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. The legislation requires that, to be eligible for the 3-year cap, 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 the person going into care, their partner or their nominated family successor for 3 out of the 5 years prior to the person entering care.

The farm retirement scheme does not come under the remit of the Department of Health, and there is no specific provision related to the farm retirement scheme within the Nursing Homes Support Scheme (Amendment) Act 2021.

The Department and/or the HSE may be able to provide the Deputy with further information based on the receipt of details regarding a specific case.