Nursing Homes Support Scheme (Amendment) Act 2021

Repayment of increase in State support

11. The Principal Act is amended by the insertion of the following section after section 14H (inserted by section 10 ):

“14I. (1) This section applies where—

(a) a determination has been made under section 14C(2)(a) in respect of a person (in this section referred to as the ‘relevant person’),

(b) the period to which the undertaking in relation to a particular family asset given by the family successor under the relevant provision has not yet expired in relation to that particular family asset,

(c) the relevant person has died or the determination under section 14C(2)(a) has not been revoked so far as relating to that particular family asset, and

(d) either—

(i) section 14E(7), 14E(8)(b), 14F(7)(b), 14F(14), 14G(2)(b), 14G(9), 14H(3)(b) or 14H(11) applies, or

(ii) it otherwise appears to the Executive that a repayment event may have occurred in respect of the relevant person in relation to the particular family asset.

(2) (a) Having given the relevant person, the family successor, the relevant person’s partner and the person or persons who, in the event of the occurrence of a repayment event, would be primarily accountable for repayment of the repayable amount under section 14J(11) the opportunity to make representations, the Executive shall—

(i) decide that a repayment event has occurred in respect of the relevant person in relation to the particular family asset, or

(ii) decide that a repayment event has not occurred in respect of the relevant person in relation to the particular family asset.

(b) Representations referred to in paragraph (a) shall, unless the Executive permits otherwise, be made in writing.

(3) Where the Executive has made a decision under subsection (2)(a)(i) and the relevant person has not died, the determination made under section 14C(2)(a), in so far as it relates to the particular family asset, shall be revoked.

(4) Where the Executive has made a decision under subsection (2)(a)(i), the amount of the increase in State support advanced or in the course of being advanced in respect of the relevant person by virtue of the determination made under section 14C(2)(a), in so far as it relates to the particular family asset, shall become due and payable.

(5) The Executive shall, not later than 10 working days after the date of its decision under subsection (2)(a), notify the relevant person, the relevant person’s partner and the person or persons who, in the event of the occurrence of a repayment event, would be primarily accountable for repayment of the repayable amount under section 14J(11) in writing of the decision and the reasons for the decision.

(6) Where subsection (3) applies, the Executive shall—

(a) determine the revised amount of State support payable in respect of the relevant person in accordance with the method of calculation of State support set out in section 14, and

(b) not later than 10 working days after the date of its decision under subsection (2) (a), give notice in writing to the relevant person of the revised amount and the date from which it is payable.

(7) In this section—

‘relevant provision’ means—

(a) where the family successor was appointed under section 14A, subsection (3)(d) of that section,

(b) where the family successor was appointed under section 14F, subsection (8)(b) of that section,

(c) where the family successor was appointed under section 14G, subsection (4)(b) of that section,

(d) where the family successor was appointed under section 14H, subsection (5)(b) of that section;

‘repayment event’, in relation to a relevant person, means—

(a) except in a case where section 14G applies and the period referred to in section 14G(5) has not yet expired, the failure of a family successor to comply with a relevant provision in relation to a particular family asset (or, where that failure continued for more than one day or is continuing, the first day on which it occurred),

(b) except in the cases referred to in subsections (2), (3) and (6) of section 14F, in a case where section 14F applies and no appointment is made under section 14F(7)(a) in relation to a particular family asset, the expiry of the period referred to in section 14F(10),

(c) except in the case referred to in section 14G(13), in a case where section 14G applies and no appointment is made under section 14G(2)(a) in relation to a particular family asset, the expiry of the period referred to in section 14G(5), or

(d) except in a specified case—

(i) where all or part of a particular family asset to which the determination under section 14C(2)(a) relates is transferred to a person other than the family successor, or

(ii) in the case of a transferred asset, where all or part of the particular family asset to which the determination under section 14C(2)(a) relates is transferred to another person,

the expiry of the period of 3 months beginning on the date on which that transfer occurred;

‘specified case’ means—

(a) a case referred to in section 14F(2), 14F(6), 14F(9) or 14G(13),

(b) a case where an appropriate person within the meaning of section 14G(15)(b) is appointed as a family successor under section 14G(2)(a), or

(c) a case where an appointment is made under section 14H(3)(a).”.