The “Fair Deal Scheme”: Overview of the New Legislation

Chaired by Aileen Curry, Founding Partner of Curry & Hickey Solicitors. Main speaker: Maria Dillon, Solicitor with Horan & Son Solicitors.

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The “Fair Deal Scheme”: Overview of the New Legislation

Level: 1.5 General CPD hours

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The Nursing Home Support Scheme (Amendment) Act 2021 has been signed by the President and will come into force in mid-October. It contains significant amendments to the 2009 Act and will have far reaching implications for practitioners. This seminar highlights such changes and provides you with a practical guide to the problems and pitfalls likely to be encountered in day-to-day practice.

The matters to be addressed include the following:

  • In what circumstances will the three-year cap apply to farmlands or businesses?
  • Implications for the proceeds of sale of a principal residence: are such proceeds still deemed to be a cash asset?
  • The revised statutory criteria applicable to “family successor”: what difficulties are likely to arise?
  • Who is obliged to swear the statutory declaration?
  • Must the “family successor” commit to “running the family asset” for a period of six years from the date of appointment?
  • The new powers of the HSE to conduct interviews; to request and consider records and information; and to conduct reviews in respect of the provision of financial support.
  • What is the extent of the burden on practitioners to ensure that the “family successor” is appropriately advised?
  • Ethical issues for the solicitor who has knowledge that a proposed “family successor” is not the intended beneficiary of a family asset?
  • Are there further ethical issues to consider if the “family successor” is also an Attorney under an Enduring Power of Committee or a Ward of Court?
  • What happens if the person receiving the care services is unable to complete the statutory declaration?
  • Does the legislation cross refer to the Assisted Decision Making (Capacity) Act, 2015?
  • What significant changes to the role of the Care Representative does the legislation envisage? Will Care Representatives now need legal advice and assistance?
  • Does the legislation contain any exemption for rental income derived from a principal residence?
  • Is the balance of proceeds of sale of a property after discharge of a “life loan” / “Equity Release” deemed to be a cash asset?
  • Can a client who has a right of residence avail of the Fair Deal scheme?
  • Does a right of support and maintenance form part of the assessable assets?