Nursing Homes Support Scheme Act 2009

/static/images/base/harp.jpg


Number 15 of 2009


NURSING HOMES SUPPORT SCHEME ACT 2009


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title.

2. Commencement.

3. Interpretation.

4. Couples.

PART 2

Establishment of Scheme and Application for State Support

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.

PART 3

Ancillary State Support

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

21. Appointment of care representative in case of person not having full capacity.

22. Amendment of Second Schedule to Courts and Court Officers Act 1995.

PART 5

Notification of specified matters

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.

25. 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.

28. Discharge of orders made under section 17.

PART 6

Joint ownership

29. Joint ownership.

PART 7

Reviews and Appeals

30. Reviews.

31. Appeals regarding hardship in certain cases.

32. Appeals against certain decisions of Executive.

PART 8

Charges in Respect of Care Services

33. Charges in respect of care services.

34. Amendment of Health Act 1970.

PART 9

Miscellaneous

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.

46. Relief of undue hardship.

47. Authority of person to act on behalf of another person.

48. Amendment of Taxes Consolidation Act 1997.

SCHEDULE 1

Assessment of Means

SCHEDULE 2

Adjustment and Manner of Calculation of Amounts Repayable in Respect of Ancillary State Support


Acts Referred to

Capital Acquisitions Tax Consolidation Act 2003

2003, No. 1

Consumer Credit Act 1995

1995, No. 24

Conveyancing Acts 1881 to 1911

Courts and Court Officers Act 1995

1995, No. 31

Data Protection Acts 1988 and 2003

Family Home Protection Act 1976

1976, No. 27

Finance Act 2002

2002, No. 5

Health (Amendment) Act 1996

1996, No. 15

Health (Amendment) Act 2005

2005, No. 3

Health (Nursing Homes) (Amendment) Act 2007

2007, No. 1

Health (Nursing Homes) Act 1990

1990, No. 23

Health Act 1947

1947, No. 28

Health Act 1970

1970, No. 1

Health Act 2004

2004, No. 42

Health Act 2007

2007, No. 23

Medical Practitioners Act 2007

2007, No. 25

Mental Health Acts 1945 to 2001

National Archives Act 1986

1986, No. 11

Nurses Act 1985

1985, No. 18

Registration of Title Act 1964

1964, No. 16

Social Welfare Consolidation Act 2005

2005, No. 26

Taxes Consolidation Act 1997

1997, No. 39

/static/images/base/harp.jpg


Number 15 of 2009


NURSING HOMES SUPPORT SCHEME ACT 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: