Nursing Homes Support Scheme (Amendment) Act 2021
Determination as to farm or business relief where family successor fulfils undertaking | ||
15. The Principal Act is amended by the insertion of the following section after section 14L (inserted by section 14 ): | ||
“14M. (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’) in relation to a particular family asset, | ||
(b) the period to which the undertaking given by the family successor in relation to the particular family asset under section 14A(3)(d), 14F(8)(b), 14G(4)(b) or 14H(5)(b) relates expires, | ||
(c) if the relevant person has died, the relevant person’s partner (in this section referred to as ‘the partner’) has an interest in the particular family asset, and | ||
(d) after the expiry of the period mentioned in paragraph (b)— | ||
(i) the Executive has made a determination under section 7(8)(a) that the partner needs care services, | ||
(ii) the Executive has made a determination under section 11(1) in relation to the partner, and | ||
(iii) the partner has received any combination of relevant services for a period of 3 years (which period need not be continuous). | ||
(2) The partner need not make an application under this Act for the appointment of a family successor in relation to the particular family asset. | ||
(3) The Executive shall make a determination that, with effect from the date specified in the determination, paragraph 6B of Part 3 of Schedule 1 applies in respect of the partner in relation to the particular family asset. | ||
(4) Where the Executive makes a determination under subsection (3), the date specified in the determination shall not be earlier than the date by which the partner has received any combination of relevant services for a period of 3 years (which period need not be continuous). | ||
(5) In this section, ‘relevant services’ has the same meaning as in section 14C.”. |