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Nursing Homes Support Scheme Act 2009 (No. 15)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-4)1. Short title.2. Commencement.3. Interpretation.4. Couples.Part 2 Establishment of Scheme and Application for State Support (ss. 5-14N)5. Establishment of Scheme.6. Persons who may apply for State support under Scheme.7. Care needs assessment.8. Review of care needs assessment.9. Application for State support.10. Financial assessment of means.11. Determination of application for State support.12. Provision of State support and ancillary State support.13. Provision of State support (transitional care services).14. Calculation of amount of State support.14A. Application for appointment of family successor: farm or relevant business.14B. Charge against interest in chargeable land.14C. Duty of Executive to determine whether paragraph 6B of Part 3 of Schedule 1 applies.14D. Duties of Executive on determination under section 14C(2)(a).14E. Review of compliance with conditions.14F. Death of person receiving care services following determination under section 14C(2)(a).14G. Death or change in circumstances of family successor.14H. Change of family successor following transfer of particular family asset.14I. Repayment of increase in State support.14J. Recovery of sums due under section 14I.14K. Application by partner for appointment of family successor.14L. Application by partner of deceased person for appointment of family successor.14M. Determination as to farm or business relief where family successor fulfils undertaking.14N. Offence of giving false or misleading information to Executive under certain provisions.Part 3 Ancillary State Support (ss. 15-20)15. Interpretation (Part 3).16. Ancillary State support.17. Ancillary State support to be charge against land.18. Payment of ancillary State support.19. Repayment of monies advanced by way of ancillary State support.20. Repayment of monies advanced by way of ancillary State support where deferral of occurrence of relevant event applies.Part 4 Care Representative (ss. 21-22)21. Appointment of care representative in case of person not having full capacity.21A. Transitional provisions regarding care representatives22. Amendment of Second Schedule to Courts and Court Officers Act 1995.Part 5 Notification of specified matters (ss. 23-28)23. Notification of death or discharge of person provided with financial support under Scheme.24. Notification of material change in circumstances of person provided with financial support.24A. Notification of material change in circumstances of family successor25. Notification of change in circumstances of connected persons, etc.26. Collection of monies advanced by way of ancillary State support.27. Submission of schedule of assets to Executive where deceased person received financial support under Scheme.27A. Discharge of orders made under section 14B28. Discharge of orders made under section 17.Part 6 Joint ownership (s. 29)29. Joint ownership.Part 7 Reviews and Appeals (ss. 30-32)30. Reviews.31. Appeals regarding hardship in certain cases.32. Appeals against certain decisions of Executive.Part 8 Charges in Respect of Care Services (ss. 33-34)33. Charges in respect of care services.34. Amendment of Health Act 1970.Part 9 Miscellaneous (ss. 35-49)35. Guidelines.36. Regulations.37. Amendment of Consumer Credit Act 1995.38. Amendment of section 7A of Health (Nursing Homes) Act 1990.39. Transitional provisions.40. Designation by Minister of suitable person to negotiate agreements.41. Amendment of National Treatment Purchase Fund Board (Establishment) Order 2004.42. Non-disclosure and misstatement relating to financial assessments.43. Contracts for necessaries.44. Power of Executive to specify forms.45. Records.45A. Annual report concerning relief in relation to farm or relevant business45AA. Annual report relating to eligible rental income45B. Review of operation of amendments effected by Act of 202145C. Review of operation of amendments effected by Part 9 of Act of 202245D. Government order to modify assessment of eligible rental income46. Relief of undue hardship.46A. Principles with regard to specified persons47. Authority of person to act on behalf of another person.47A. Right to bring another person to interview arranged by the Executive48. Amendment of Taxes Consolidation Act 1997.49. Transitional arrangements in relation to, and amendment of, certain paragraphs of Part 3 of Schedule 1Schedule 1 Assessment of MeansSchedule 1, Part 1Schedule 1, Part 1ASchedule 1, Part 2Schedule 1, Part 2ASchedule 1, Part 3 Interpretation and miscellaneousSchedule 2 Adjustment and Manner of Calculation of Amounts Repayable in Respect of Ancillary State Support
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Version status: | Document consolidation status: Updated to reflect all known changes
Version date: 1 July 2009 - onwards

Introductory Text

Number 15 of 2009

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A SCHEME TO BE KNOWN AS THE NURSING HOMES SUPPORT SCHEME UNDER WHICH FINANCIAL SUPPORT MAY BE MADE AVAILABLE TO PERSONS IN RESPECT OF LONG-TERM RESIDENTIAL CARE SERVICES OUT OF RESOURCES ALLOCATED TO THE HEALTH SERVICE EXECUTIVE FOR THE PURPOSES OF THE SCHEME, TO PROVIDE FOR THE AMENDMENT OF THE HEALTH ACT 1970, TO PROVIDE FOR THE AMENDMENT OF THE HEALTH (NURSING HOMES) ACT 1990, TO PROVIDE FOR THE AMENDMENT OF THE COURTS AND COURT OFFICERS ACT 1995, TO PROVIDE FOR THE AMENDMENT OF THE NATIONAL TREATMENT PURCHASE FUND BOARD (ESTABLISHMENT) ORDER 2004 AND TO PROVIDE FOR RELATED MATTERS.

[1st July, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

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