The Fair Deal Scheme, with a total budget of roughly €1.4 billion in
2021, is intended to provide long-term nursing home support for up to 22,500
people in Ireland. There is general agreement that the fair deal plan works
effectively for a particular group of applicants with limited income and
assets. The priority remains that no one will pay more than their cost of care.
However, since it has had a significant impact on families and succession, concerns have been expressed about the system regarding the consequences of the annual contribution of 7.5% on assets like homes, businesses, and farms.
The 3-year cap was introduced as a way to
increase the viability of family-run farms and businesses. This Nursing Home Support Scheme Guide will explore all the aspects of the 3-year cap, including how it
works for families, couples, succession, and general rules.
What is the 3-Year Cap in the
Fair Deal: Nursing Home Support Scheme in Ireland?
The 3-year cap, which was previously only
available for principal residences with existing families, finally received the
long-awaited update in 2021, with the amendment to the bill that extends the
cap to family farms and businesses as well as contributions made by a principal
residence to the proceeds of the sale of that residence.
Only the first three years of the applicant's care for themselves or a loved one would be covered by the annual payment of 7.5% against their home, farm, company, or sale of a house.
Treating the home and its proceeds equally furthers fairness and, in the context of the housing crisis, removes a barrier to selling a vacant property when a family member enters long-term care. And this cap would also apply to those who have opted for nursing home loan support.
How the 3-Year Cap Works for Home
Owners
The Fair Deal Scheme entails applicants having to pay off homes and other assets that they own. It does not affect the assets of other family members. After the first three years, the financial assessment will automatically remove your home, farm, or business. There is nothing to do here; no further agreements or processes are involved. After years, you can stop paying against the property.
If you have opted for a nursing home loan. The
HSE will draw the loan amount after only three years, either by the sale of the
property or through a mortgage if any of the family members choose to pay off
the instalments.
If you sell the property after three years,
then the net proceeds of the sale would be counted. But you would have to pay
7.5% of the proceeds for only 3 years. And you must inform the local office of
the Nursing Home Support Scheme if you are selling the property.
How The 3-year Cap Works For
Farms and Businesses
After the 2021 amendment, farm owners or
businesses will also get the 3-year cap on contributions for the cost of care.
They need not apply or go through any process to get this. Eligible applicants
automatically get the cap. The eligibility criteria go as follows:
➔ The business or farm must be managed by either the applicant himself/herself or an immediate family member for a minimum of 3 years to 5 years
➔ Appoint a successor, usually a family member, who will take care of the business or farm for at least five years after the transfer.
How The 3-year Cap Works for
Couples Getting Fair Deal
Scheme
Couples will each contribute 3.75 percent of
their home's value for a maximum of three years. The maximum amount you may
contribute over three years is 11.25% of the property's value. The overall
contribution is limited to 22.5% if both partners are receiving care. If you
obtain a nursing home loan for your residence, your partner may also request to
have the loan's lifetime payments postponed.
Payments Cannot be Applied
Retroactively
No payments made earlier than the 3-year cap
may be "backdated" or refunded. So, if you've been in care for five
years, you might be eligible for the three-year cap. However, this only applies
as of the day the HSE designates your family's successor. Any payments you've
already made won't be reimbursed.
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