The “Fair Deal Scheme”: Pitfalls for Practitioners
Featuring Aileen Curry, Founding Partner of Curry & Hickey Solicitors
The “Fair Deal Scheme” provided for in the Nursing Home Support Scheme Act, 2009 has significant implications for practitioners. A successful application for “ancillary state support” results in the creation of a charging order against the applicant’s property. It is repayable on the occurrence of a “relevant event” most frequently on the death of the applicant.
This seminar will provide a practical guide to the problems and pitfalls which are likely to occur.
The matters to be addresses include the following:
When is it necessary to apply for “ancillary state support”?
Who can apply for “ancillary state support” if the applicant has reduced capacity or is unable to complete an application?
What are the implications for a person who fails to disclose or makes a mis-statement in relation to the value of assets or income?
What events trigger a review or re-valuation of an asset by the HSE?
The applicable levy for a principal private dwelling-house.
Does the principal private dwelling-house cease to be a “relevant asset” if the person has availed of ancillary State Support for three years?
What happens if the person sells the principal private dwelling-house before the expiry of the three-year period?
What happens if a person rents their property?
In what circumstances, will the cap apply to farmlands or businesses?
Postponement of house sale: Where the resident who is benefiting from the scheme dies, must the house be sold if it is the only asset but is occupied by another family member?
Can the sale of the house be avoided if there are other assets in the estate which can meet the liability?
Does the legislation require the Personal Representative to submit a schedule of assets?
Can the Personal Representative be held primarily accountable for repayment of “ancillary state support”?
What is the time limit within which “ancillary state support” must be repaid?
What are “transferred assets”? The changes to the definition of “transferred assets” introduced by section 7 of the Health (General Practitioner Service) Act 2014
Update on the long-awaited overhaul to agriculture and business relief