Nursing Homes Support Scheme Act 2009

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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

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: