The Minister of State at the Department of Health, Mary Butler, is resolved on finalising her proposals to the Dáil to amend the Nursing Home Support Scheme cost of care for farmers in Ireland. On the other hand, HSE maintains that family successors must comply with their conditions to get through it. This blog delves into the features, benefits, and conditions of new proposals.
The Fair Deal Scheme—-How it Works for Farmers
As of July 2024, farm owners are supposed to contribute 7.5% of the value of their farms annually for 3 years. That is 22.5% of the total value of your property, split into 3 yearly payments. However, this is not for everyone. There are certain rules and regulations for how it works.
Apply for the 3-year cap: Applicants must apply to the HSE to include their farms for the 3-year Cap. They must fill out an additional part of the application form to be eligible for it. The applicant or the family must nominate a successor to run the farm for a minimum of 6 years.
Eligibility Requirements: The farm must have been actively run for at least 3 consecutive years in the past 5 years, either by the applicant, their spouse or the person chosen to be appointed as the family successor.
Loan to Defer the Asset Contributions: The Fair Deal Loan Scheme is available as an option to defer the asset contribution. The HSE will cover your immediate payments for the next three years, but the loan's terms are designed to reduce the farm's equity. Furthermore, when the loan is due and repayment is required, the system might eventually render the farm or business unviable.
The paradigm of a “successor” is defined in the rule book of HSE to be someone more
Immediate in the family and among relatives. The proposed amendments by Minister Butler focus on safeguarding family farms for not just immediate successors but for extended family members. Cousins, great-grandchildren, and even great-nieces and nephews could be included in a bid to protect the viability and sustainability of these businesses into the future. These proposed changes are intended to broaden the definition of “family” and who is eligible as a successor on a family farm.
Would You Agree to the Charge in Favour of HSE?
With Minister Butler's proposals under review, the HSE is focused on having “a charge in favour of the HSE on their arm." A charge means a mortgage. The HSE wants to use it as a tool to secure their interests on the farm. The charge will stay until the appointed successor has completed the 6-year commitment and adhered diligently to all other conditions associated with the three-year cap.
Things to Consider for Farm Owners When Applying for Fair Deal Scheme
HSE’s decision to exempt farming assets from the Nursing Home Support Scheme cost of care was not something that existing nursing home residents would get without any effort. The amendment was announced in October 2021, so the authorities appointed a time limit for those who have been under care since before October 2021. They had to apply for a qualifying successor before April 20, 2022. Missing this due date and without a successor meant continuing to pay the asset condition for a lifetime. While this time limit does not apply to future applicants, it is recommended that you appoint your successor as soon as you can for a smoother transition. Below are some considerations that farming families must
Commitment Period
If you are looking to reduce the span of commitment for the successor by appointing them beforehand, this is not going to be successful. The commitment starts from the day the candidate moves to care, not before it.
If You Already Have A Successor
Moreover, even if the Fair Deal Scheme applicant already has a successor in place and transferred the farm earlier, you will have to apply again to the HSE to include your successor in the scheme. This rule also applies to those who transferred the property 5 years before applying for the scheme for the first time.
Successors Must Prove Their Commitment
The applicant or the successor also must prove to the HSE that their farm is being worked on. They need to produce an active identifier from the Department of Agriculture, Food and Marine (DAFM)
If you are a farm owner or family looking to apply for this scheme, then it makes all the sense to consult an independent Fair Deal Scheme advisor. With professional support, you can navigate the parameters, rules and benefits in a more streamlined manner, and with easy language, which, more importantly, will help you make sound decisions.
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