When someone receiving Fair Deal support passes on, their family may face several financial and administrative responsibilities at once. If the person had applied to the Nursing Home Loan Scheme in Ireland, one of the questions that follows is how long the family has to repay it, whether repayment can be deferred, and what happens if a spouse or another qualifying person still lives in the family home.
There is an important 2026 development to understand. Regulations 2026: The Nursing Homes Support Scheme (Collection and Recovery of Repayable Amounts) (Amendment) extends the repayment period after death from 12 months to 18 months. The change was made in May 2026.
However, the standard repayment period and an application to defer repayment are two separate matters. Families need to understand both before deciding what to do with the property or estate.
What is the Nursing Home Loan Scheme in Ireland?
The Nursing Home Loan, formerly known as Ancillary State Support, is an optional part of the Nursing Homes Support Scheme, commonly called the Fair Deal.
It allows an eligible person to defer certain contributions relating to qualifying property assets. Rather than paying the relevant contribution from available income or savings as it falls due, the person can have the eligible amount advanced under the scheme, secured against the relevant asset.
The loan does not remove the contribution or make it a grant. The amount advanced must be repaid under the scheme's rules, and the final amount may be adjusted to account for changes in the Consumer Price Index (CPI).
The loan may be useful where someone has valuable property but limited accessible income or savings. It is nevertheless a financial arrangement secured against an asset, so the implications for the property and estate need to be understood.
What Changed in 2026?
The 2026 amendment extended the period for repayment following a relevant event from 12 months to 18 months.
It may be particularly relevant where probate, property administration or other practical matters take time to resolve. If it remains unpaid beyond that period, interest may apply, calculated from the date of death under the HSE's published guidance.
This is an important distinction. The 18-month period is not an interest-free extension that should be treated as permission to leave the matter unattended. Families should establish the amount outstanding, the applicable repayment date and the treatment of interest directly with the relevant authorities.
The amendment does not automatically extend every deadline associated with the scheme. In particular, a family considering a separate deferral because someone remains in the principal private residence must consider the eligibility criteria and application deadline for that deferral.
Can repayment be deferred if someone still lives in the family home?
In certain circumstances, yes. The scheme allows repayment to be deferred beyond the standard period where the loan was secured against the person's principal private residence and the relevant conditions are met.
The person applying for the deferral must fall within the eligible categories. This could be a surviving spouse or partner or a qualifying connected person, for example, certain relatives or a carer who meets the scheme’s requirements.
The fact that someone continues to live in the house does not, by itself, establish eligibility. The relationship to the person who received the loan, residence history, ownership interests and other conditions matter.
For a connected person, the statutory rules include requirements concerning residence in the property and whether they have an interest in another residential property. The HSE's guidance also sets out specific categories of people who may qualify.
Before relying on a deferral, families should establish whether the property is the relevant principal private residence, whether the person living there meets the applicable definition and whether the required consents can be obtained.
What is the deadline to apply for a deferral?
This is one of the most important questions to resolve promptly after a death.
Under section 20 of the Nursing Homes Support Scheme Act 2009, the request for a qualifying repayment deferral must generally be made within three months of the death. The HSE may allow a longer period in appropriate circumstances, up to a maximum of six months after the death.
Families should not assume that the standard 18-month repayment period gives them 18 months to apply for a deferral. These are different timeframes serving different purposes.
If a spouse, partner or connected person may qualify, contact the HSE Nursing Homes Support Scheme Office as soon as possible and request the current deferral application form. Keep a record of the date of death, the date the request is submitted and any correspondence about the application.
What conditions must be met?
The precise requirements depend on whether the applicant is a surviving spouse or partner or another connected person.
The HSE's published guidance states that the loan must have been secured against the person's principal residence. It also sets out residence-related conditions, including living in the house for at least three years before the original Nursing Home Loan application, having no other residence and having no interest in another property.
Connected-person eligibility is more specific than simply being a relative. It includes categories
defined by the scheme, with conditions relating to age, assets, income, certain allowances or caring responsibilities.
Families should therefore avoid assuming that an adult child, sibling or other relative automatically qualifies. The applicable category and evidence need to be checked against the current rules.
The HSE may also require consent from people who have an interest in the property. Where ownership is shared, or the property arrangements are complicated, this should be investigated early rather than left until the repayment deadline approaches.
What happens if the property is sold or circumstances change?
A repayment deferral is conditional.
For example, selling or transferring the property can trigger repayment obligations. The HSE states that a property sold or transferred while the person is still receiving nursing home care must generally be dealt with under the separate six-month repayment rule.
A person whose repayment has been deferred should also notify the HSE if circumstances change in a way that may affect eligibility. This could include no longer living in the property or acquiring an interest in another property.
The family should not assume that a deferral will continue indefinitely simply because it was approved initially. The conditions are still met, and any reportable change should be notified to the relevant office.






