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?