Nursing Homes Support Scheme (Amendment) Act 2021

Amendment of section 29 of Principal Act

22. Section 29 of the Principal Act is amended—

(a) by the substitution, in subsection (1), of “section 14B(1) or 17(2)” for “section 17(2)”,

(b) in subsection (2)—

(i) by the substitution of “section 14B(1) or 17(2)” for “section 17(2)”,

(ii) by the insertion of “, in the case of an order made under section 14B(1), the interested person or interested persons, or, in the case of an order made under section 17(2),” after “in the land concerned to which”, and

(iii) by the substitution, in paragraph (a), of “section 14B(3) or 17(4)” for “section 17(4)”,

(c) by the substitution of the following subsection for subsection (3):

“(3) Subsection (2) shall not apply—

(a) in the case of an order made under section 14B(1), where all the joint tenants in the joint tenancy concerned are interested persons, or

(b) in the case of an order made under section 17(2), where all the joint tenants in the joint tenancy concerned have made a request to the Executive that the ancillary State support be paid in relation to the interest in the land concerned.”,

and

(d) by the insertion of the following subsection after subsection (3):

“(4) In this section—

‘interested person’, in relation to an order made under section 14B(1), means—

(a) where the chargeable land is not a transferred asset—

(i) each member of the couple, where the relevant person is a member of a couple, or

(ii) the relevant person, where the relevant person is not a member of a couple,

or

(b) where the chargeable land is a transferred asset, the person or persons who hold the interest that—

(i) each member of the couple had in the chargeable land, where the relevant person is a member of a couple, or

(ii) the relevant person had in the chargeable land, where the relevant person is not a member of a couple;

‘relevant person’ means a person receiving care services.”.