Nursing Homes Support Scheme (Amendment) Act 2021

Nursing Homes Support Scheme (Amendment) Act 2021 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2021 Nursing Homes Support Scheme (Amendment) Act 2021 Nursing Homes Support Scheme (Amendment) Act 2021 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 27 of 2021 NURSING HOMES SUPPORT SCHEME (AMENDMENT) ACT 2021 CONTENTS Section 1. Definition 2. Amendment of section 3 of Principal Act 3. Application for appointment of family successor: farm or relevant business 4. Charge against interest in chargeable land 5. Duty of Executive to determine whether paragraph 6B of Part 3 of Schedule 1 applies 6. Duties of Executive on determination under section 14C(2) (a) 7. Review of compliance with conditions 8. Death of person receiving care services following determination under section 14C(2) (a) 9. Death or change in circumstances of family successor 10. Change of family successor following transfer of particular family asset 11. Repayment of increase in State support 12. Recovery of sums due under section 14I 13. Application by partner for appointment of family successor 14. Application by partner of deceased person for appointment of family successor 15. Determination as to farm or business relief where family successor fulfils undertaking 16. Offence of giving false or misleading information to Executive under certain provisions 17. Amendment of section 21 of Principal Act 18. Amendment of section 24 of Principal Act 19. Notification of material change in circumstances of family successor 20. Amendment of section 27 of Principal Act 21. Discharge of orders made under section 14B 22. Amendment of section 29 of Principal Act 23. Amendment of section 32 of Principal Act 24. Amendment of section 36 of Principal Act 25. Amendment of section 45 of Principal Act 26. Annual report concerning relief in relation to farm or relevant business 27. Review of operation of amendments effected by Act of 2021 28. Amendment of section 47 of Principal Act 29. Right to bring another person to interview arranged by the Executive 30. Amendment of Parts 1A and 2A of Schedule 1 to Principal Act 31. Amendment of Part 3 of Schedule 1 to Principal Act 32. Transitional arrangements in relation to, and amendment of, certain paragraphs of Part 3 of Schedule 1 33. Short title and commencement Acts Referred to Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Family Home Protection Act 1976 (No. 27) Health Act 2004 (No. 42) Land and Conveyancing Law Reform Act 2009 (No. 27) Nursing Homes Support Scheme Act 2009 (No. 15) Registration of Title Act 1964 (No. 16) Number 27 of 2021 NURSING HOMES SUPPORT SCHEME (AMENDMENT) ACT 2021 An Act to amend the Nursing Homes Support Scheme Act 2009 , to make further provision for the financial assessment of persons applying for financial support to be made available to them in respect of long-term residential care services who have, or had, an interest in a farm or relevant business and comply with certain conditions; and to provide for related matters. [22nd July, 2021] Be it enacted by the Oireachtas as follows: Definition 1.In this Act, “Principal Act” means the Nursing Homes Support Scheme Act 2009 . Amendment of section 3 of Principal Act 2. Section 3 of the Principal Act is amended, in subsection (1), by the insertion of the following definitions: “‘Act of 2021’ means the Nursing Homes Support Scheme (Amendment) Act 2021; ‘chargeable land’ has the meaning assigned to it by section 14B; ‘family successor’ has the meaning assigned to it by Schedule 1; ‘farm’ has the meaning assigned to it by Schedule 1; ‘farming’ has the meaning assigned to it by Schedule 1; ‘particular family asset’, in relation to a family successor, means the asset or assets in relation to which the family successor was appointed under section 14A, 14F, 14G, 14H, 14K or 14L; ‘relevant business’ has the meaning assigned to it by Schedule 1; ‘repayment event’ has the meaning assigned to it by section 14I; ‘revoked’, in relation to a determination of the Executive under section 14C(2) (a), means revoked under section 14G(12) or 14I(3); ‘running the family asset’, in relation to a specified asset or a particular family asset, means— (a) where the specified asset or the particular family asset is a farm, farming the farm, and (b) where the specified asset or the particular family asset is a relevant business, carrying on the relevant business; ‘specified asset’ has the meaning assigned to it by section 14A;”. Application for appointment of family successor: farm or relevant business 3. The Principal Act is amended, in Part 2, by the insertion of the following section after section 14: “14A. (1) This section applies where— (a) the Executive has made a determination under section 7(8)(a) that a person (in this section referred to as the ‘relevant person’) needs care services, (b) the Executive has made a determination under section 11(1) in relation to the relevant person, (c) the relevant person is receiving care services, and (d) the relevant person or his or her partner falls into one or more of the following categories— (i) he or she has an interest in a farm, (ii) he or she has an interest in a relevant business, (iii) he or she had an interest in a farm which is a transferred asset, or (iv) he or she had an interest in a relevant business which is a transferred asset. (2) On the application of the relevant person, the Executive shall— (a) if satisfied that the conditions in subsection (3) are met, appoint the person specified in the application as the family successor in respect of the relevant person in relation to the interest that the relevant person has or had or, in the case of a relevant person who is a member of a couple, the interest that each member of the couple has or had in the specified asset, or (b) if not so satisfied, refuse the application. (3) The conditions referred to in subsection (2)(a) are— (a) that the person specified in the application has attained the age of 18 years and is— (i) the partner of the relevant person, (ii) a relative of the relevant person or of the relevant person’s partner, or (iii) a son-in-law or daughter-in-law of the relevant person or of the relevant person’s partner, (b) that the relevant person declares by way of statutory declaration that, in relation to the specified asset, for a period of 3 years (which period need not be continuous) during the period of 5 years ending with the day on which the relevant person began to receive care services, a substantial part of the working time of— (i) the relevant person, (ii) the person specified in the application, (iii) a person appointed as a family successor in respect of the relevant person, (iv) a person who meets the condition under subsection (3)(a) and is specified in any other application made by the relevant person under this section which has not been refused under subsection (2)(b), or (v) the relevant person’s partner, was regularly and consistently applied to running the family asset, (c) that if all or part of the specified asset is a transferred asset— (i) it became a transferred asset on its transfer by the relevant person or by the relevant person’s partner to the person specified in the application, (ii) it continues to be held as a transferred asset by the person specified in the application, and (iii) the person specified in the application undertakes by way of statutory declaration to repay any sums for which he or she may become liable by virtue of section 14J(11), (d) that the person specified in the application undertakes by way of statutory declaration that, if appointed as a family successor in respect of the relevant person under subsection (2), a substantial part of that person’s normal working time will regularly and consistently be applied to running the family asset for the period of 6 years beginning on the date of the appointment, (e) that, except where the application relates to a relevant business which does not include an interest in land situated within the State— (i) in a case where the specified asset is not a transferred asset, the relevant person, the relevant person’s partner and any other owner of the specified asset, or (ii) in a case where the specified asset is a transferred asset, the person specified in the application and any other owner of the transferred asset, each consent to the creation by virtue of section 14B(1) of a charge in favour of the Executive against the interest in the chargeable land in respect of the specified asset, (f) that, where the specified asset is a transferred asset, each owner of the transferred asset consents to the making of the application, and (g) that, where the relevant person is a member of a couple— (i) except for any application under this section in relation to which a repayment event has occurred or in such other circumstances as may be prescribed, the relevant person’s partner has not made an application under this section, and (ii) the relevant person’s partner consents to the making of the application by the relevant person. (4) The reference to ‘care services’ in subsection (3)(b) shall be construed as a reference to the type of services referred to in paragraph (a) or (b) that the relevant person first received if before receiving care services the relevant person received— (a) transitional care services within the meaning of section 13, or (b) services in a nursing home which services would, if they had been provided after the coming into operation of the definition of ‘approved nursing home’, have come within the meaning of the definition of ‘long-term residential care services’. (5) For the purposes of subsection (3)(c) it is immaterial whether the transfer was made— (a) to the person specified in the application solely, or (b) jointly to the person specified in the application and any other person or persons. (6) Subject to subsection (7), the Executive may appoint more than one person as a family successor in respect of the relevant person in accordance with this section where it is satisfied that the conditions in subsection (3) have been met in respect of each person specified in an application made under this section. (7) The Executive may not— (a) appoint more than one person as the family successor in respect of the relevant person in relation to the interest which the relevant person and his or her partner had in a specified asset which is a transferred asset, or (b) appoint 2 or more persons jointly as the family successors in respect of the relevant person in relation to the interest which the relevant person and his or her partner have in a specified asset. (8) An application under this section shall be made in the specified form. (9) In deciding an application under this section— (a) the Executive may request information from, and interviews with, the relevant person, the relevant person’s partner, the person specified in the application and any representative (whether appointed under section 21 or otherwise) of the relevant person, and (b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner and the person specified in the application whether received pursuant to section 45 or otherwise. (10) The persons referred to in subsection (9) shall furnish all information and attend any interviews which the Executive may request in accordance with this section. (11) The Executive may refuse to consider or further consider an application under this section if a person referred to in subsection (9) fails to provide the Executive with such information as may be requested by the application form or under that subsection within 40 working days from the date of the request. (12) Where the Executive refuses under subsection (11) to consider or further consider an application under this section, it shall, not later than 10 working days after the refusal, give the relevant person, the relevant person’s partner and the person specified in the application notice in writing of the decision and the reasons for the decision. (13) The Executive shall, not later than 10 working days after granting or refusing an application under this section, give notice in writing to the relevant person, the relevant person’s partner and the person specified in the application of the decision and the reasons for the decision. (14) In this section, ‘specified asset’, in relation to an application under this section, means— (a) any farm or farms specified in the application, (b) any relevant business or businesses specified in the application, (c) any farm which is a transferred asset, or any farms which are transferred assets, and which is (or are) specified in the application, and (d) any relevant business which is a transferred asset, or any relevant businesses which are transferred assets, and which is (or are) specified in the application.”. Charge against interest in chargeable land 4. The Principal Act is amended by the insertion of the following section after section 14A (inserted by section 3 ): “14B. (1) Where— (a) paragraphs (a) and (b) of section 14C(1) apply in relation to a person (in this section referred to as the ‘relevant person’), (b) the Executive is satisfied that the conditions in paragraphs (a) to (f) of section 14C(4) have been met in respect of the relevant person in relation to a particular family asset, and (c) the relevant person or the partner of the relevant person or, in the case of a transferred asset, the family successor has an interest in the particular family asset, the Executive shall make an order in accordance with this section charging the interest in the chargeable land in respect of the particular family asset with the secured amount. (2) The Board of the Executive may appoint a person or persons who is or are employees of the Executive to make orders under subsection (1) and each such order shall be deemed to have been executed by the Executive under the seal of the Executive in compliance with paragraph 1 of Schedule 2 to the Health Act 2004 . (3) An order made under subsection (1) shall be deemed to be a legal mortgage under Part 10 of the Land and Conveyancing Law Reform Act 2009 in favour of the Executive for a charge of the secured amount and to have been executed at the time of the making of the order. (4) The Executive shall from the date of the making of the order under subsection (1)— (a) be deemed to be a mortgagee of the property for the purposes of Part 10 of the Land and Conveyancing Law Reform Act 2009 , and (b) have, in relation to the charge referred to in subsection (1), all the powers conferred by that Act on mortgagees under mortgages made by deed. (5) Where the Executive makes an order under subsection (1), it shall, as soon as practicable thereafter, cause the order to be registered in the Registry of Deeds or the Land Registry, as appropriate. (6) An order made under subsection (1) affecting an interest in land which is registered land within the meaning of the Registration of Title Act 1964 shall be registrable as a burden affecting such land whether the person named in such order as the owner of the land is or is not registered under that Act as the owner of such land, and the Property Registration Authority shall, on application being made to it, register such order affecting the land concerned. (7) Any amount paid by way of increase in State support by virtue of a determination under section 14C(2)(a) in respect of a relevant person and calculated in accordance with section 14D(3), whether or not it is the subject of a mortgage arising by reason of this section, may, without prejudice to any other power in that behalf, be recovered by the Executive as a simple contract debt in any court of competent jurisdiction. (8) For the avoidance of doubt, neither an order made under subsection (1) nor a mortgage that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976 or section 28 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 . (9) Subject to subsection (10), notwithstanding any rule of law or statutory provision, where a mortgage is created by reason of an order under subsection (1) and registered in the Registry of Deeds or the Land Registry as appropriate and a subsequent mortgage is created in favour of a party other than the Executive, the Executive is entitled to priority over any subsequent mortgage in respect of amounts paid by the Executive by way of increase in State support by virtue of a determination under section 14C(2) (a) in respect of a relevant person after the date of the subsequent mortgage whether the Executive did or did not have notice of such subsequent mortgage. (10) Subsection (9) does not apply as respects a subsequent mortgage where the Executive has consented in writing to such subsequent mortgage subject to any conditions specified in that consent. (11) The relevant person, his or her partner, the family successor and any other person who has an interest in the chargeable land shall have an obligation to give all reasonable assistance to the Executive as the Executive may request to facilitate the registration of an order under subsection (1) in the Land Registry or Registry of Deeds. (12) Where a relevant asset of the relevant person or of the relevant person’s partner ceases to be chargeable land for a reason not related to paragraph (b) of the definition of ‘chargeable land’ in subsection (18)— (a) (i) in the case of a relevant asset which is not a transferred asset, the relevant person (or the relevant person’s care representative, if any) or, if applicable, the relevant person’s partner (or the partner’s care representative, if any), or (ii) in the case of a relevant asset which is a transferred asset, the family successor, shall, as soon as is practicable after the occurrence of such cesser but, in any case, not later than 10 working days after the occurrence of such cesser, give notice in writing to the Executive of the cesser and the date on which it occurred, and (b) the Executive shall cease to make payments of such amount of increase in State support payable by virtue of a determination under section 14C(2)(a) in respect of the relevant person which relates to the former chargeable land as calculated in accordance with section 14D(3). (13) Where the relevant person or, as the case may be, the relevant person’s partner or the family successor transfers any part of an interest in the chargeable land that person shall give notice of such transfer to the Executive within 10 working days of the date of the transfer. (14) Amounts paid by way of increase in State support by virtue of a determination under section 14C(2)(a) in respect of a relevant person shall be deemed to have been paid to and for the benefit of the relevant person or, in the case of a person who is a member of a couple, to and for the benefit of both members of the couple or, in the case of a transferred asset, to and for the benefit of the family successor and any other person who has an interest in the transferred asset. (15) Where amounts are paid by way of increase in State support by virtue of a determination under section 14C(2)(a) which by reason of subsection (14) are deemed to have been advanced to both members of a couple, the liability of the members of the couple in relation to such advances shall be joint and several. (16) (a) An order made under subsection (1) shall be in the form prescribed by regulations made under section 36, and may be made— (i) by an appointed person, and (ii) in electronic form. (b) Where an order under subsection (1) is made in electronic form, an appointed person may transmit the order by electronic means to the Property Registration Authority for registration in the Land Registry, and the Property Registration Authority may effect registration of the order if— (i) it is lodged by electronic means in a manner approved by, and (ii) it complies with the requirements specified by, the Property Registration Authority. (17) Where an order under subsection (1) made in electronic form purports to have been made by an appointed person it shall be presumed by the Property Registration Authority that such electronic document was made and transmitted by the person by whom it purports to have been made and transmitted. (18) In this section— ‘appointed person’ means a person appointed by the Board of the Executive for the purposes of— (a) making orders under subsection (1), (b) transmitting orders by electronic means to the Property Registration Authority in accordance with subsection (16), and (c) making an application to the Property Registration Authority for the cancellation of an entry of a charge on the register of the property charged where such charge relates to an order created under this section; ‘chargeable land’ means an asset which is a relevant asset of the relevant person or of the partner of the relevant person, or of both of them, and which— (a) comprises or forms part of a particular family asset, (b) is an asset which is included in the computation of the assessed weekly means of a person, and (c) comprises an interest in land, which land is situated within the State; ‘interest in the chargeable land’ means— (a) the interest of the relevant person, (b) in the case of a relevant person who is a member of a couple, the interest of each member of the couple, or (c) in the case of a transferred asset, the interest that the relevant person had or, in the case of a relevant person who is a member of a couple, the interest that each member of the couple had, in the chargeable land; ‘secured amount’, in relation to chargeable land, means the aggregate of all amounts payable by way of increase in State support by virtue of a determination under section 14C(2)(a) in respect of a relevant person by the Executive (whether before or after the making of an order under subsection (1)) and calculated in accordance with section 14D(3) together with interest thereon calculated in accordance with section 14J(5) and which amounts relate to the interest in the chargeable land.”. Duty of Executive to determine whether paragraph 6B of Part 3 of Schedule 1 applies 5. The Principal Act is amended by the insertion of the following section after section 14B (inserted by section 4 ): “14C. (1) This section applies where— (a) a person is receiving care services (in this section referred to as the ‘relevant person’), (b) one or more family successors have been appointed in respect of the relevant person in relation to a particular family asset, and (c) the relevant person has received any combination of relevant services for a period of 3 years (which period need not be continuous). (2) The Executive shall— (a) if satisfied that the conditions in subsection (4) are met, 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 relevant person in relation to the particular family asset, or (b) if not so satisfied, make a determination that paragraph 6B of Part 3 of Schedule 1 does not apply in respect of the relevant person in relation to the particular family asset. (3) Where the Executive makes a determination under subsection (2)(a), the date specified in the determination shall not be earlier than the later of the following dates— (a) the date by which the relevant person has received any combination of relevant services for a period of 3 years (which period need not be continuous), or (b) the date on which a family successor was appointed under section 14A in respect of the relevant person in relation to the particular family asset. (4) The conditions referred to in subsection (2)(a) are— (a) that, where a family successor was appointed in respect of the relevant person under section 14A— (i) the family successor has complied with the undertaking given by him or her under subsection (3)(d) of that section since the appointment, and (ii) where the family successor was appointed in respect of a transferred asset, it continues to be held as a transferred asset by the family successor (whether it is held solely by the family successor or jointly with another person or persons), (b) that, where a family successor was appointed under section 14G, the family successor has complied with the undertaking given by him or her under subsection (4)(b) of that section since the appointment, (c) that, where a family successor was appointed under section 14H, the family successor has complied with the undertaking given by him or her under subsection (5)(b) of that section since the appointment, (d) that, where a family successor was appointed under section 14K, the family successor has complied with the undertaking given by him or her under subsection (3)(e) of that section since the appointment, (e) that, where a family successor was appointed under section 14L, the family successor has complied with the undertaking given by him or her under subsection (3)(f) of that section since the appointment, (f) that, in the opinion of the Executive, a repayment event has not otherwise occurred in respect of the relevant person in relation to the particular family asset, and (g) that, where the condition in section 14A(3)(e), 14G(4)(d), 14H(5)(d), 14K(3)(f) or 14L(3)(g) applies, an order has been made under section 14B(1) in relation to the chargeable land. (5) For the purposes of making a determination under this section— (a) the Executive may request information from, and interviews with, the relevant person, the relevant person’s partner, the family successor or family successors and any representative (whether appointed under section 21 or otherwise) of the relevant person, and (b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner and the family successor or family successors whether received pursuant to section 45 or otherwise. (6) The persons referred to in subsection (5) shall furnish all information and attend any interviews which the Executive may request in accordance with this section. (7) The Executive may refuse to make a determination under this section if a person referred to in subsection (5) fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request. (8) Where the Executive refuses under subsection (7) to make a determination under this section, it shall, not later than 10 working days after the refusal, give the relevant person, the relevant person’s partner and the family successor or family successors notice in writing of the decision and the reasons for the decision. (9) The Executive shall, not later than 10 working days after making a determination under this section, give notice in writing to the relevant person, the relevant person’s partner and the family successor or family successors of the determination and the reasons for the determination. (10) In this section, ‘relevant services’ means— (a) care services (including any care services received before the coming into operation of section 5 of the Act of 2021), (b) transitional care services within the meaning of section 13, (c) services in a nursing home which services would, if they had been provided after the coming into operation of the definition of ‘approved nursing home’ in section 3, have come within the meaning of the definition of ‘long-term residential care services’ in section 3.”. 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.”. Review of compliance with conditions 7. The Principal Act is amended by the insertion of the following section after section 14D (inserted by section 6 ): “14E. (1) This section applies where the Executive has made a determination under section 14C(2)(a) in respect of a person in relation to a particular family asset, that determination has not been revoked so far as relating to that particular family asset and— (a) the person is receiving care services, or (b) the person has died since the making of the determination and section 14F(2), (3), (6) or (9) applies in relation to the particular family asset. (2) A person referred to in paragraph (a) or (b) of subsection (1) is referred to in this section as the ‘relevant person’. (3) On at least one occasion during the relevant period, the Executive shall arrange for a review to be carried out for the purpose of ascertaining whether a repayment event has occurred in respect of the relevant person. (4) The Executive may at any other time during the relevant period arrange for a review to be carried out for the purpose referred to in subsection (3). (5) In carrying out a review under this section— (a) the Executive may request information from, and interviews with, the family successor or family successors, the relevant person, the relevant person’s partner and any representative (whether appointed under section 21 or otherwise) of the relevant person, and (b) the Executive may request, receive and consider records and information relating to the family successor or family successors, the relevant person and the relevant person’s partner whether received pursuant to section 45 or otherwise. (6) The persons referred to in subsection (5) shall furnish all information which the Executive may request in accordance with this section within 40 working days from the date of the request. (7) If a person referred to in subsection (5) fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall make a decision under section 14I(2)(a). (8) Having carried out a review under this section— (a) where the Executive is satisfied that a repayment event has not occurred in respect of the relevant person in relation to the particular family asset, the Executive shall make a decision that a repayment event has not so occurred, or (b) where the Executive does not make a decision in accordance with paragraph (a), the Executive shall make a decision under section 14I(2)(a). (9) The Executive shall, not later than 10 working days after making a decision under subsection (8) (a), give notice in writing to the relevant person, the relevant person’s partner, the relevant person’s care representative (if any) and the family successor of the decision and the reasons for the decision. (10) In this section, ‘relevant period’, means the period beginning on the date specified in the determination under section 14C(2)(a) and ending on the date of the expiry of the period referred to in— (a) where the relevant person’s family successor was appointed under section 14A, subsection (3)(d) of that section, (b) where the relevant person’s family successor was appointed under section 14F, subsection (8)(b) of that section, (c) where the relevant person’s family successor was appointed under section 14G, subsection (4)(b) of that section, (d) where the relevant person’s family successor was appointed under section 14H, subsection (5)(b) of that section, (e) where the relevant person’s family successor was appointed under section 14K, the first period referred to in subsection (3)(e) of that section, or (f) where the relevant person’s family successor was appointed under section 14L, the first period referred to in subsection (3)(f) of that section.”. Death of person receiving care services following determination under section 14C(2)(a) 8. The Principal Act is amended by the insertion of the following section after section 14E (inserted by section 7 ): “14F. (1) This section applies where— (a) a determination is 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 relevant person dies, (c) the relevant person has or, in the case of a transferred asset, had an interest in the particular family asset, and (d) immediately before the death— (i) the period to which the undertaking given by the family successor in relation to the particular family asset (in this section referred to as the ‘current family successor’) under section 14A(3)(d), 14G(4)(b) or 14H(5)(b) relates has not expired, and (ii) the determination under section 14C(2)(a) has not been revoked in respect of the relevant person so far as relating to the particular family asset. (2) Subject to sections 14E and 14I, any amounts paid by way of increase in State support by virtue of the determination under section 14C(2)(a) in respect of the relevant person in so far as it relates to a particular family asset for the period ending with the death of the relevant person shall not be repayable to the Executive if— (a) the particular family asset is not a transferred asset, (b) the current family successor is the person who is, or one of the persons who are, entitled to succeed on the death of the relevant person to the interest that the relevant person had in the particular family asset (in this section referred to as the ‘lawful successor’), and (c) that current family successor notifies the Executive in writing in accordance with subsection (10) that, with the agreement of— (i) any other lawful successor or (where there is more than one other lawful successor) lawful successors, and (ii) where the relevant person was a member of a couple, the partner of the relevant person, he or she intends to comply with the undertaking given by him or her under section 14A(3)(d), 14G(4)(b) or 14H(5)(b) in respect of the relevant person in relation to that particular family asset until the expiry of the period referred to in the section concerned. (3) In the case of a transferred asset, subject to sections 14E and 14I, any amounts paid by way of increase in State support by virtue of the determination under section 14C(2)(a) in respect of the relevant person in so far as it relates to that transferred asset for the period ending with the death of the relevant person shall not be repayable to the Executive if the current family successor notifies the Executive in writing in accordance with subsection (10) that, with the agreement of— (a) where the relevant person was a member of a couple, the partner of the relevant person, and (b) any other owner of the transferred asset, he or she intends to comply with the undertaking given by him or her under section 14A(3)(d), 14G(4)(b) or 14H(5)(b) in respect of the relevant person in relation to that transferred asset until the expiry of the period referred to in the section concerned. (4) Subsections (6) and (7) apply if— (a) the particular family asset is not a transferred asset, (b) the current family successor is not the lawful successor or (where there is more than one lawful successor) a lawful successor, and (c) the lawful successor or (where there is more than one lawful successor) at least one of the lawful successors falls within subsection (5). (5) A lawful successor falls within this subsection if the lawful successor has attained the age of 18 years and is— (a) the partner of the relevant person, (b) a relative of the relevant person or of the relevant person’s partner, or (c) a son-in-law or daughter-in-law of the relevant person or of the relevant person’s partner. (6) Subject to sections 14E and 14I, any amounts paid by way of increase in State support by virtue of the determination under section 14C(2)(a) in respect of the relevant person in so far as it relates to the particular family asset for the period ending with the death of the relevant person shall not be repayable to the Executive if— (a) the current family successor and the lawful successor (or lawful successors) agree that the current family successor should continue to comply with the undertaking given by him or her under section 14A(3)(d), 14G(4)(b) or 14H(5)(b) until the expiry of the period referred to in the section concerned, and (b) they jointly give notice to the Executive of that fact in accordance with subsection (10). (7) On the application, in accordance with subsection (10), of the lawful successor or, where there is more than one lawful successor, on the joint application of both or all of the lawful successors, the Executive shall— (a) if satisfied that the conditions in subsection (8) are met, make a determination— (i) revoking the appointment of the current family successor in respect of the relevant person in relation to the particular family asset, and (ii) appointing the person specified in the application as the family successor in respect of the relevant person in relation to that particular family asset, or (b) if not so satisfied, make a decision under section 14I(2) (a). (8) The conditions referred to in subsection (7)(a) are— (a) that the person specified in the application— (i) is a lawful successor who falls within subsection (5), or (ii) is not a lawful successor but has attained the age of 18 years and falls within any of paragraphs (a) to (c) of subsection (5), (b) that the person specified in the application undertakes by way of statutory declaration that, if appointed as the family successor under this section, a substantial part of that person’s normal working time will regularly and consistently be applied to running the family asset during the period beginning on the date of his or her appointment under this section and ending on the date of the expiry of the period to which the undertaking given by the current family successor under section 14A(3)(d), 14G(4)(b) or 14H(5)(b) in relation to that particular family asset relates, (c) that, where the relevant person was a member of a couple, the relevant person’s partner consents to the making of the application, and (d) that, in the opinion of the Executive, a repayment event has not occurred in relation to the particular family asset. (9) Subject to sections 14E and 14I, where the Executive makes a determination under subsection (7)(a), any amounts paid by way of increase in State support by virtue of the determination under section 14C(2)(a) to the relevant person in so far as it relates to the particular family asset for the period ending with the death of the relevant person shall not be repayable to the Executive. (10) Notice under subsection (2)(c), (3) or (6)(b) shall be given, or an application under subsection (7) shall be made, before the expiry of the period of 6 months beginning on the date of death of the relevant person. (11) In reckoning the period referred to in subsection (8)(b) or section 14A(3)(d), 14G(4)(b) or 14H(5)(b), the period beginning on the date of death of the relevant person and ending on the date of the making of an appointment under subsection (7)(a) shall be disregarded. (12) In deciding an application under this section— (a) the Executive may request information from, and interviews with, the relevant person’s partner, the person specified in the application, the current family successor, the lawful successor (or, where there is more than one, either or any of them) and any representative (whether appointed under section 21 or otherwise) of the relevant person, and (b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner, the person specified in the application, the current family successor and the lawful successor (or, where there is more than one, either or any of them) whether received pursuant to section 45 or otherwise. (13) The persons referred to in subsection (12) shall furnish all information and attend any interviews which the Executive may request in accordance with this section. (14) If a person referred to in subsection (12) fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall make a decision under section 14I(2)(a). (15) The Executive shall, not later than 10 working days after making a determination under this section, give notice in writing to the relevant person’s partner, the person specified in the application, the lawful successor (or the lawful successors) and the current family successor of the determination and the reasons for the determination. (16) An application under this section shall be made in the specified form.”. Death or change in circumstances of family successor 9. The Principal Act is amended by the insertion of the following section after section 14F (inserted by section 8 ): “14G. (1) This section applies where— (a) a person is or has been receiving care services (in this section referred to as the ‘relevant person’), (b) a family successor has been appointed (in this section referred to as the ‘current family successor’) in respect of the relevant person in relation to a particular family asset, (c) the current family successor dies or is no longer able to comply with the undertaking given by him or her under subsection (4)(b), section 14A(3)(d), 14F(8)(b) or 14H(5)(b), (d) the period to which the undertaking referred to in paragraph (c) relates has not expired, and (e) where a determination was made under section 14C(2) (a) in respect of the relevant person in relation to the particular family asset, that determination has not been revoked so far as relating to that particular family asset. (2) On the application of the relevant person, the Executive may— (a) if satisfied that the conditions in subsection (4) are met, make a determination— (i) revoking the appointment of the current family successor in respect of the relevant person in relation to the particular family asset, and (ii) appointing the person specified in the application as the family successor in respect of the relevant person in relation to that particular family asset, or (b) if not so satisfied, make a decision under section 14I(2)(a). (3) Where the relevant person has died, the application under subsection (2) shall be made by the person who holds, or the persons who hold, the interest that the relevant person had in the particular family asset or such other person as may be prescribed. (4) The conditions referred to in subsection (2) (a) are— (a) that the person specified in the application has attained the age of 18 years and is an appropriate person, (b) that the person specified in the application undertakes by way of statutory declaration that, if appointed as the family successor under this section, a substantial part of that person’s normal working time will regularly and consistently be applied to running the family asset during the period beginning on the date of his or her appointment under this section and ending on the date of the expiry of the period to which the undertaking given by the current family successor under this paragraph or section 14A(3)(d), 14F(8)(b) or 14H(5)(b) in relation to that particular family asset relates, (c) that if all or part of the particular family asset is a transferred asset, the person specified in the application undertakes by way of statutory declaration to repay any sums for which he or she may become liable by virtue of section 14J(11), (d) that, except where the application relates to a relevant business which does not include an interest in land situated within the State or a charge has already been created in respect of the particular family asset by virtue of section 14B(1)— (i) in a case where the particular family asset is not a transferred asset, the relevant person, the relevant person’s partner and any other owner of the particular family asset, or (ii) in a case where the particular family asset is a transferred asset, the person specified in the application and any other owner of the transferred asset, each consent to the creation by virtue of section 14B(1) of a charge in favour of the Executive against the interest in the chargeable land in respect of the particular family asset, (e) that, where the particular family asset is a transferred asset, each owner of the transferred asset consents to the making of the application, (f) that, where the relevant person is or was a member of a couple, the relevant person’s partner consents to the making of the application, and (g) that, in the opinion of the Executive, a repayment event has not occurred in respect of the relevant person in relation to the particular family asset. (5) An application under subsection (2) shall be made before the expiry of the period of 6 months beginning on— (a) in a case where the current family successor has died, the date of death of the family successor, or (b) in a case where the current family successor is no longer able to comply with the undertaking given under subsection (4)(b) or section 14A(3)(d), 14F(8)(b) or 14H(5)(b), the date on which it first comes to the Executive’s attention that the family successor is no longer able to comply with that undertaking. (6) In reckoning the period referred to in subsection (4)(b) or section 14A(3)(d), 14F(8)(b) or 14H(5)(b)— (a) where subsection (5) (a) applies, the period beginning on the date of death of the family successor, or (b) where subsection (5)(b) applies, the period beginning on the date on which it first comes to the Executive’s attention that the family successor is no longer able to comply with the undertaking given under subsection (4)(b) or section 14A(3)(d), 14F(8)(b) or 14H(5)(b), and ending on the date of the making of an appointment under subsection (2) (a) shall be disregarded. (7) In determining an application under this section— (a) the Executive may request information from, and interviews with, the relevant person, the relevant person’s partner, any representative (whether appointed under section 21 or otherwise) of the relevant person and, where appropriate, the current family successor, the person specified in the application and the lawful successor, and (b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner and, where appropriate, the current family successor, the person specified in the application and the lawful successor whether received pursuant to section 45 or otherwise. (8) The persons referred to in subsection (7) shall furnish all information and attend any interviews which the Executive may request in accordance with this section. (9) If a person referred to in subsection (7) fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall make a decision under section 14I(2) (a). (10) The Executive shall, not later than 10 working days after making a determination under this section, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor, the lawful successor and the person specified in the application of the determination and the reasons for the determination. (11) Subsections (12) and (13) apply where— (a) the current family successor has died, (b) the particular family asset is a transferred asset, (c) the lawful successor is not an appropriate person, (d) the lawful successor notifies the Executive before the expiry of the period of 6 months beginning on the date of death of the current family successor that no application is to be made under this section, and (e) before the death of the current family successor a determination was made under section 14C(2) (a) in relation to the particular family asset which had not been revoked. (12) The determination under section 14C(2)(a) is revoked with effect from the date of death of the current family successor in relation to the particular family asset. (13) Any amounts paid or payable by way of increase in State support by virtue of the determination under section 14C(2)(a) in respect of the relevant person in so far as it relates to the particular family asset for the period ending with the death of the current family successor shall not be repayable to the Executive by reason only of that determination having been revoked. (14) An application under this section shall be made in the specified form. (15) In this section, ‘appropriate person’ means— (a) where the particular family asset is not a transferred asset— (i) the partner of the relevant person, (ii) a relative of the relevant person or of the relevant person’s partner, or (iii) a son-in-law or daughter-in-law of the relevant person or of the relevant person’s partner, (b) where— (i) the particular family asset is a transferred asset, (ii) the current family successor has died, and (iii) the person or one of the persons entitled to succeed to the current family successor’s estate on the death (in this section referred to as the ‘lawful successor’) is the relevant person’s partner, a relative or son-in-law or daughter-in-law of the relevant person, a relative or son-in-law or daughter-in-law of the relevant person’s partner or the partner of the current family successor, that person, or (c) where— (i) the particular family asset is a transferred asset, and (ii) the current family successor is no longer able to comply with the undertaking given under subsection (4)(b) or section 14A(3)(d), 14F(8)(b) or 14H(5)(b), the current family successor’s partner.”. Change of family successor following transfer of particular family asset 10. The Principal Act is amended by the insertion of the following section after section 14G (inserted by section 9 ): “14H. (1) This section applies where— (a) a person is or has been receiving care services (in this section referred to as the ‘relevant person’), (b) a family successor has been appointed (in this section referred to as the ‘current family successor’) in respect of the relevant person in relation to a particular family asset, (c) the period to which the undertaking under subsection (5)(b) or section 14A(3)(d), 14F(8)(b) or 14G(4)(b) relates has not expired, and (d) where a determination was made under section 14C(2)(a) in respect of the relevant person in relation to the particular family asset, that determination has not been revoked so far as relating to that particular family asset. (2) An application may be made under subsection (3) where a particular family asset has been transferred to— (a) the partner of the relevant person, (b) a relative of the relevant person or of the relevant person’s partner, (c) a son-in-law or daughter-in-law of the relevant person or of the relevant person’s partner, or (d) the partner of the current family successor, by the relevant person or the relevant person’s partner or, in the case of an existing transferred asset, by the current family successor. (3) On the application of the relevant person, the Executive may— (a) if satisfied that the conditions in subsection (5) are met, make a determination— (i) revoking the appointment of the current family successor in respect of the relevant person in relation to the particular family asset, and (ii) appointing the person specified in the application as the family successor in respect of the relevant person in relation to that particular family asset, or (b) if not so satisfied, make a decision under section 14I(2)(a). (4) Where the relevant person has died, the application under subsection (3) shall be made by the person who holds, or the persons who hold, the interest that the relevant person had in the particular family asset or such other person as may be prescribed. (5) The conditions referred to in subsection (3)(a) are— (a) that the person specified in the application has attained the age of 18 years and is a person referred to in paragraph (a), (b), (c) or (d) of subsection (2) to whom a particular family asset has been transferred by the relevant person or the relevant person’s partner or, in the case of an existing transferred asset, by the current family successor, (b) that the person specified in the application undertakes by way of statutory declaration that, if appointed as the family successor under this section, a substantial part of that person’s normal working time will regularly and consistently be applied to running the family asset during the period beginning on the date of his or her appointment under this section and ending on the date of the expiry of the period to which the undertaking given by the current family successor under this paragraph or section 14A(3)(d), 14F(8)(b) or 14G(4)(b) in relation to that particular family asset relates, (c) that the person specified in the application undertakes by way of statutory declaration to repay any sums for which he or she may become liable by virtue of section 14J(11), (d) that, except where the application relates to a relevant business which does not include an interest in land situated within the State or a charge has already been created in respect of the particular family asset by virtue of section 14B(1), the person specified in the application and any other owner of the particular family asset each consent to the creation by virtue of section 14B(1) of a charge in favour of the Executive against the interest in the chargeable land in respect of that particular family asset, (e) that, where the transfer referred to in subsection (2) was made jointly to the person specified in the application and any other person or persons, such other person or persons each consent to the making of the application, (f) that, where the relevant person is or was a member of a couple, the relevant person’s partner consents to the making of the application, and (g) that, immediately before the transfer referred to in subsection (2), in the opinion of the Executive, a repayment event has not occurred in respect of the relevant person in relation to the particular family asset. (6) An application under subsection (3) shall be made before the expiry of the period of 3 months beginning on the date of the transfer referred to in subsection (2). (7) For the purposes of subsection (5) (a) it is immaterial whether the transfer was made— (a) to the person specified in the application solely, or (b) jointly to the person specified in the application and any other person or persons. (8) In reckoning the period referred to in subsection (5)(b) or section 14A(3)(d), 14F(8)(b) or 14G(4)(b), the period beginning on the date of the transfer of the particular family asset to the person specified in the application and ending on the date of the making of an appointment under subsection (3) (a) shall be disregarded. (9) In determining an application under this section— (a) the Executive may request information from, and interviews with, the relevant person, the relevant person’s partner, any representative (whether appointed under section 21 or otherwise) of the relevant person, the current family successor and the person specified in the application, and (b) the Executive may request, receive and consider records and information relating to the relevant person, the relevant person’s partner, the current family successor and the person specified in the application whether received pursuant to section 45 or otherwise. (10) The persons referred to in subsection (9) shall furnish all information and attend any interviews which the Executive may request in accordance with this section. (11) If a person referred to in subsection (9) fails to provide the Executive with such information as may be requested in accordance with this section within 40 working days from the date of the request, the Executive shall make a decision under section 14I(2)(a). (12) The Executive shall, not later than 10 working days after making a determination under this section, give notice in writing to the relevant person, the relevant person’s partner and, where appropriate, the current family successor and the person specified in the application of the determination and the reasons for the determination. (13) An application under this section shall be made in the specified form. (14) In this section, ‘existing transferred asset’ means a transferred asset which was a transferred asset immediately before the transfer referred to in subsection (2).”. Repayment of increase in State support 11. The Principal Act is amended by the insertion of the following section after section 14H (inserted by section 10 ): “14I. (1) This section applies where— (a) a determination has been made under section 14C(2)(a) in respect of a person ( …