Nursing Homes Support Scheme Act 2009


Reviews and Appeals


30.— (1) Subject to subsections (5), (6) and (7), the Executive may, in respect of a person who is being provided with care services or whose application for State support has been determined, and whether of its own initiative or at the request of the person, at any time arrange for a review to be carried out of all or any of the following, as may be appropriate:

(a) the care needs of the person on the same basis as is specified in section 7 (6);

(b) the financial assessment relating to the person carried out under section 10 ;

(c) the weekly amount of payments made by way of ancillary State support in respect of the person.

(2) The Executive shall cause a review under this section to be carried out by a suitable person.

(3) The suitable person who carries out a review under this section shall prepare a report thereon and provide it to the Executive.

(4) Where the Executive, having regard to a review under this section and the report provided to it under subsection (3), is satisfied that the determination or matter the subject of the review should be altered, it may determine that the determination or matter under review be altered accordingly.

(5) An alteration referred to in subsection (4) shall, subject to subsection (6) and unless the Executive otherwise determines (in particular in any case where there has been a contravention of any requirement of this Act relevant to the determination or matter the subject of the review), have effect from the date the determination is made under subsection (4).

(6) Where a determination under subsection (4)—

(a) results in the assessed weekly means of a person being increased, or

(b) results in the amount of weekly payments of ancillary State support being reduced,

the Executive shall not implement that determination before the expiration of 40 working days after the date on which it has given notice of the determination under subsection (8).

(7) A person other than the Executive may not request a review of a determination relating to a financial assessment unless—

(a) 12 months have elapsed since the date of the initial financial assessment or the most recent review of that assessment under this section (whichever is the later), or

(b) there has, to the satisfaction of the Executive, been a material change in the financial circumstances of the person since the financial assessment or most recent review of that assessment under this section (whichever is the later).

(8) Where the Executive makes a decision under subsection (4) in respect of a person, it shall, not later than 10 working days after the date of the decision, give notice in writing to the person of that determination stating the reasons for the decision and accompanied by a copy of the report concerned provided to the Executive under subsection (3).