Nursing Homes Support Scheme (Amendment) Act 2021

Duties of Executive on determination under section 14C(2)(a)

6. The Principal Act is amended by the insertion of the following section after section 14C (inserted by section 5 ):

“14D. (1) This section applies where the Executive makes a determination under section 14C(2)(a) in respect of a person (in this section referred to as the ‘relevant person’).

(2) Where the determination that has been made under section 11(1) in respect of the relevant person does not take account of the determination under section 14C(2)(a), 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 determination under paragraph (a), give notice in writing to the relevant person, the relevant person’s partner and, in the case of a transferred asset, the family successor (or family successors) of the revised amount and the date from which it is payable.

(3) During the period where the determination under section 14C(2)(a) has effect in respect of the relevant person, the Executive shall also calculate, in accordance with the method set out in subsection (4), the amount of the increase in State support payable in respect of the relevant person by virtue of that determination.

(4) The method referred to in subsection (3) is that the Executive shall calculate the difference between—

(a) the amount that the assessed weekly value of relevant assets would be if the interest in the particular family asset were a relevant asset, and

(b) the amount that is the assessed weekly value of relevant assets.

(5) The Executive shall keep records of—

(a) amounts calculated under subsection (3) and calculations relating to them,

(b) each particular family asset to which these amounts relate, and

(c) such other matters as may be prescribed.”.