Nursing Homes Support Scheme Act 2009
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Determination of application for State support. |
11.— (1) Subject to sections 7 , 31 and 38 of the Health Act 2004 and section 5 , the Executive shall, having considered the financial assessment report, determine an application for State support in accordance with the method of calculation of State support set out in section 14 . | |
(2) Where the Executive makes a determination that State support be paid in respect of a person, the determination may include a direction that, subject to sections 12 to 14 , such support be payable on and from— | ||
(a) a date specified by the Executive, or | ||
(b) from the date of the occurrence of an event specified by the Executive. | ||
(3) Where the Executive makes a determination under subsection (1), it shall, not later than 10 working days after the determination, give notice in writing to the person of the decision and the reasons for the decision. | ||
(4) (a) Subject to paragraph (b) the Executive shall not make a determination that State support be paid in respect of a person referred to in section 6 (1)(a), unless the Executive has determined under section 7 (8)(a) that the person needs care services. | ||
(b) Paragraph (a) does not apply to a person referred to in section 6 (1)(c) or (d). | ||
(5) Where the Executive has— | ||
(a) made a determination under section 7 (8)(a) that a person needs care services (other than such a determination made in respect of a person to whom paragraph (c) or (d) of subsection (1) of section 6 applies), and | ||
(b) made a determination that State support be paid in respect of such person, | ||
the determination referred to in paragraph (b) shall not have effect prior to the determination referred to in paragraph (a). |