TD welcomes commencement of Nursing Homes Support Scheme

More commonly known as the Fair Deal Scheme

A local TD has welcomed the commencement of the Nursing Homes Support Scheme (Amendment) Act, 2021.

The legislation, which was signed into law on July 22 last, having passed all stages in the Dáíl and the Seanad, provided for changes made under the Act to come into operation 90 days from its enactment.

The primary amendment to the Scheme (more commonly known as the Fair Deal Scheme) will mean that after a period of three years, when calculating the cost of a person’s nursing home care, the value of family-owned farms and businesses will no longer be taken into account.

This will happen where a family successor commits to working the farm or business for a period of six years from the date of their appointment.

“I very much welcome this important development which is of critical importance to many families right throughout the country. The Nursing Homes Support Scheme (Amendment) Act, 2021 will enhance protections for family farms and businesses,” said Fianna Fáil TD for Cavan and Monaghan, Brendan Smith.

The Cavan and Monaghan TD added: “This has been a hugely emotive issue for farm families and business owners across Ireland. The implementation of the 2021 Act today marks a huge milestone in enhancing protections for these families under the Scheme.  The changes brought forward by this amendment will alleviate a lot of the unnecessary financial pressures placed on families under the previous Scheme and will ensure the viability and sustainability of family farms and businesses for the generations that follow.

“These measures will ensure the accessibility and affordability of the Scheme for more farm and business owning families.”

The 2021 Act will also extend the existing three-year cap on contributions to the cost of care to the proceeds of sale of a person’s principal residence. This is consistent with the Scheme’s core principle of fairness, by treating the home and its proceeds of sale in a similar way. It is intended that this change will also remove any disincentive for people who want to sell a home left vacant after they enter residential care, an important consideration in the context of the current housing crisis.

Additional changes include the introduction of the right for any individual, when attending an interview under the Scheme, to be accompanied by another person over 18 years of age.