Fair Deal Scheme Application For Disabled Or Incapacitated Individuals

Nursing Home and Residential care is highly expensive in Ireland, costing a standard €1,615 – to €1,592 per week. So affordability is a big concern among the masses. The Irish Government came up with a solution, by creating a scheme that will enable individuals with limited financial backup to be finally able to afford nursing home care based on their financial capacity.

This is the Fair Deal Scheme.

It is not free Government service. In turn, applicants need to contribute a portion of their total nursing home care cost, while the balance will be paid by the Government. To ascertain the amount of the contribution, the applicants need to adhere to a couple of assessment procedures that will look into the applicant’s care needs as well as assets that would include both liquid cash assets and land and property so as to judge what should be a ‘fair deal’. 

In case the applicant is physically or mentally incapable to conduct the entire application process on their own, which is common for senior citizens affected by Alzheimer's Disease or Dementia, yet they are very much an ideal candidate of the scheme, a Care Representative or Next Friend is accredited, lest the candidate misses the opportunity of getting the grant. Here’s how it all works.

The Role Of A Care Representative In Nursing Home Support Scheme

In case a person needing nursing home care is not capable of going through the requisite formalities, or to sign the Charging Order and agreements, a Care Representative can act on the behalf of the applicant. The Care Representative would need permission from the Circuit Court to represent the Fair Deal applicant in front of the HSE - the authority that conducts the grant.

The care representative may be a legal organisation, a secretariat committee or a family member of the applicant, such as spouse, children above the age of 18, or any other close relative, a doctor, nurse or  or a registered medical professional. It is unusual for a neighbour or friend to get permission to represent the applicant, but is not likely to be a hurdle for a non-biological friend or well-wisher to act as a Next Friend if he/she appears in court as a person with adequate and exclusive concern for the wellbeing of the person for whom they are seeking the care.

However, if the person already has an Attorney who is appointed under an Enduring Power of Attorney, or has a Ward of Court / Officer appointed by the Ward of Court office, may step in lieu of any other care representative.

The Process of Application

The Nursing Home Support Scheme Act 2009, under Section 21, entitles the appointing of a care representative for a person who is ideally incapable of conducting the entire procedure of grant application on their own. Submitting a notice of motion along with a grounding affidavit to the Circuit Court is the first move to initiate the process. This application requires a fee, and may be made by a spouse, a legal advisory officer, the child or grandchild of the candidate etc.

The applying Care Representative has to appear before the Registrar for a hearing, so as to ascertain the permission of the application.

You will have to pay a court fee for the application.

Next up, as an applying care representative, you would need to submit two medical reports to prove that the person you are trying to represent is indeed naturally disabled. The Circuit Court magistrate will prescribe in what form the reports need to be submitted and the deadline of it. Basically, you would need a medical opinions from two registered Doctors, who will examine the person who needs nursing home care, and also acknowledge whether he/she really needs a care representative. The entire investigation is warped under the Form 4.

The role of a care representative is pivotal. If the person whom you are trying to represent has a family member or anyone who might have greater or equal rights over him/her, then to be their care representative, you’d have to first seek their written consent to the matter.

While it is not necessary to get a solicitor or legal advisor to conduct all the legal proceedings, it is often more helpful to get professional help, to have a successful and speedy conclusion to the venture.