The nursing home loan plan is a complement to
the Fair Deal Scheme given by the Health and Security Executive (HSE), as
Ancillary State Support, which allows persons receiving nursing home care to
delay the amount of the payment based on their assets (land or property). This
implies that the HSE will pay the money to the nursing home on the applicant's
behalf for the time being. And the money will be collected after the lifetime
of the applicant, by selling the property or a portion of it.
Applicants that have reduced decision-making
capacity, can apply for the scheme and the loan via a “specified person. Now
who can be a specified person and how does the process work? Here is a detailed
guideline.
The Scenario of Appointing a
Specified Person for Applying to the Fair Deal Scheme and Ancillary State
Support
The Nursing Home Support Scheme in Ireland
doesn’t have an age limit, but the nature of the scheme leads to the majority
of applicants being senior citizens. It is a consent-oriented policy that
requires the applicant to sign the application form and be involved throughout
the application process.
Now, senior citizens have an increased rate of
physical and mental issues, as a result, many applicants have limited capacity
to make decisions on their own. Therefore, there has to be a way how incapable
individuals could avail the scheme since they are in utmost need of it.
In case the person applying for the scheme is
incapable of making the decision, it is permissible to appoint another
“specified” person to carry on with the procedures, on behalf of the applicant.
Who Needs A Specified Person And
Who Will Be Approved To Have One
Specified persons are only approved for applications where the applicant is seriously ill or has reduced mental capacity to carry forward the process on their own.
There are many instances when the applicants are healthy and upright but not so savvy with the official procedures of the Fair Deal Scheme. And struggle to communicate with the HSE officials.
Such applicants often need a good deal of Fair
Deal guidance and wish they had someone to help. In that case, a specified
person will not be approved. As an alternative you can consult a Nursing Homes Support Scheme Guide, something like Tom
Murray offers through his firm, the Fair Deal Advice.
Who Can Be A Specified Person
The HSE follows a set of priorities in approving a specified person under their guidelines. The Citizen Information have laid this out under first priority and lesser priority, which goes like the following:
●
First Priority
- A donee
holding an Enduring Power of Attorney (EPA) who is not barred from
applying for the Fair Deal Scheme or the Loan Support.
- Care
Representatives appointed by the Circuit Court
●
Lesser priority
The lesser priority usually involves family members, including spouses, children and other relatives that are above the minority age of 18. However, if the candidate is living alone, a well-wisher can get in touch with the Circuit Court to arrange for a “next friend”. Solicitors and legal representatives, registered doctors or medical professionals and social workers all fall under this group.
Remember that the First Priority special person would always have a greater advantage of approval over the lesser priority person. However, the priority may be passed by the committee or care representative to a lesser priority person, in the form of a written consent acting as the specified person.
Process of Getting the Nursing
Home Loan Scheme through A Specified Person
With the new amendment launched in February
2022, the 3-year cap now applies to family residences and farmlands. Therefore
the requirement for loan support has reduced for many families. But the scheme
is still there well and good.
The process of getting through the ancillary
state support remains the same for specified persons as it does for the
applicants.
The special person's responsibility would be to obtain a written agreement to have a Charging Order recorded against the applicant's asset. In case the asset is shared with an immediate family member like a husband, wife, or minor child, then the co-inhabitants must also sign a consent form, for the mortgaging of the property under HSE.
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