S.I. No. 814/2005 - Nursing Homes (Subvention) (Amendment) Regulations, 2005

S.I. No. 814 of 2005 .

Nursing Homes (Subvention) (Amendment) Regulations, 2005

The Minister for Health and Children, Ms. Mary Harney T.D. in exercise of the powers conferred on her by Section 7(2) of the Health (Nursing Homes) Act, 1990 (No. 23 of 1990) (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1997 )), hereby makes the following Regulations:-

1.        These Regulations may be cited as the Nursing Homes (Subvention) (Amendment) Regulations, 2005.

2.        These Regulations shall come into operation on the 14^th day of December, 2005.

3.        The Nursing Homes (Subvention) Regulations 1993 ( S.I. No. 227 of 1993 ) are hereby amended by the substitution for Paragraph 9 of the Second Schedule to the Regulations of the following:-

“9.  The Health Service Executive shall disregard the first €11,000 of any asset or assets owned or enjoyed by the person in assessing the value of assets available to a person applying for a nursing home subvention to fund his or her nursing home care.”,

And by the substitution for Paragraph 21 of the Second Schedule to the Regulations of the following:-

“21.  The Health Service Executive may refuse to pay a subvention to a person if the value of his or her assets excluding the principal residence, exceeds €36,000.”,

And by the substitution for Paragraph 22 of the Second Schedule of the Regulations of the following:-

“22.  The Health Service Executive may refuse to pay a subvention to a person if his or her principal residence is valued at €500,000 or more (where the residence is located in the Dublin area) or €300,000 or more (where the residence is located outside the Dublin area) and is not occupied by a spouse, a son or daughter aged less than twenty one years or in full time education or a relative in receipt of the Disabled Person's Maintenance Allowance Blind Person's Pension, Disability Benefit, Invalidity Pension, or Old Age Non-Contributory Pension and the person's income is greater than €9,000 per annum.”

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the Nursing Homes (Subvention Regulations, 1993, ( S.I. No. 227 of 1993 ) by increasing the threshold of assets to be disregarded for the purposes of subvention assessment from £6,000 (€7,618) to €11,000 increasing the asset threshold above which subvention may be refused from £20,000 (€25,394) to €36,000, increasing the threshold of principal residence value above which subvention may be refused from £75,000 (€95,230) to €500,000 or more (where the residence is located in the Dublin area) or €300,000 or more (where the residence is located outside the Dublin area), and increasing the income threshold of a spouse/dependent relative resident in the principal residence from £5,000 (€6,349) to €9,000.