(LRC Revised)

Number 15 of 2009

NURSING HOMES SUPPORT SCHEME ACT 2009

REVISED

Updated to 13 March 2026

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Nursing Homes Support Scheme Act 2009

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Environment (Miscellaneous Provisions) Act 2026

(5/2026), enacted 12 March 2026, and all statutory instruments up to and including

the

Supports for Survivors of Residential Institutional Abuse Act 2025 (Commencement)

Order 2026

(S.I. No. 93 of 2026), made 12 March 2026, were considered in the preparation of

this Revised

Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

15

of

2009

NURSING HOMES SUPPORT SCHEME ACT 2009

REVISED

Updated to 13 March 2026

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title.

2. Commencement.

3. Interpretation.

4. Couples.

PART 2

Establishment of Scheme and Application for State Support

5. Establishment of Scheme.

6. Persons who may apply for State support under Scheme.

7. Care needs assessment.

8. Review of care needs assessment.

9. Application for State support.

10. Financial assessment of means.

11. Determination of application for State support.

12. Provision of State support and ancillary State support.

13. Provision of State support (transitional care services).

14. Calculation of amount of State support.

14A.

Application for appointment of family successor: farm or relevant

business.

14B. Charge

against interest in chargeable land.

14C. Duty of

Executive to determine whether

paragraph 6B

of

Part 3

of

Schedule

1

applies.

14D. Duties of

Executive on determination under

section 14C(2)(a)

.

14E. Review of

compliance with conditions.

14F. Death of

person receiving care services following determination under

section

14C(2)(a)

.

14G. Death or

change in circumstances of family successor.

14H. Change of

family successor following transfer of particular family asset.

14I. Repayment

of increase in State support.

14J. Recovery

of sums due under

section 14I

.

14K.

Application by partner for appointment of family successor.

14L.

Application by partner of deceased person for appointment of family

successor.

14M.

Determination as to farm or business relief where family successor fulfils

undertaking.

14N. Offence

of giving false or misleading information to Executive under certain

provisions.

PART 3

Ancillary State Support

15. Interpretation (

Part 3

).

16. Ancillary State support.

17. Ancillary State support to be charge against land.

18. Payment of ancillary State support.

19. Repayment of monies advanced by way of ancillary State support.

20. Repayment of monies advanced by way of ancillary State support where deferral

of occurrence of relevant event applies.

PART 4

Care Representative

21. Appointment of care representative in case of person not having full capacity.

21A.

Transitional provisions regarding care representatives.

22. Amendment of Second Schedule to Courts and Court Officers Act 1995.

PART 5

Notification of specified matters

23. Notification of death or discharge of person provided with financial support under

Scheme.

24. Notification of material change in circumstances of person provided with financial

support.

24A.

Notification of material change in circumstances of family successor.

25. Notification of change in circumstances of connected persons, etc.

26. Collection of monies advanced by way of ancillary State support.

27. Submission of schedule of assets to Executive where deceased person received financial

support under Scheme.

27A. Discharge

of orders made under

section 14B

.

28. Discharge of orders made under

section 17

.

PART 6

Joint ownership

29. Joint ownership.

PART 7

Reviews and Appeals

30. Reviews.

31. Appeals regarding hardship in certain cases.

32. Appeals against certain decisions of Executive.

PART 8

Charges in Respect of Care Services

33. Charges in respect of care services.

34. Amendment of Health Act 1970.

PART 9

Miscellaneous

35. Guidelines.

36. Regulations.

37. Amendment of Consumer Credit Act 1995.

38. Amendment of section 7A of Health (Nursing Homes) Act 1990.

39. Transitional provisions.

40. Designation by Minister of suitable person to negotiate agreements.

41. Amendment of National Treatment Purchase Fund Board (Establishment) Order 2004.

42. Non-disclosure and misstatement relating to financial assessments.

43. Contracts for necessaries.

44. Power of Executive to specify forms.

45. Records.

45A. Annual

report concerning relief in relation to farm or relevant business.

45AA. Annual report relating to eligible rental income.

45B. Review

of operation of amendments effected by Act of 2021.

45C. Review of operation of amendments effected by Part 9 of Act of 2022.

45D.

Government order to modify assessment of eligible rental income.

46. Relief of undue hardship.

46A.

Principles with regard to specified persons.

47. Authority of person to act on behalf of another person.

47A. Right to

bring another person to interview arranged by the Executive.

48. Amendment of Taxes Consolidation Act 1997.

49. Transitional

arrangements in relation to, and amendment of, certain paragraphs of

Part 3

of

Schedule 1

.

SCHEDULE 1

Assessment of Means

SCHEDULE 2

Adjustment and Manner of Calculation of Amounts Repayable in Respect of Ancillary

State Support

Acts Referred to

Capital Acquisitions Tax Consolidation Act 2003

2003,No. 1

Consumer Credit Act 1995

1995,No. 24

Conveyancing Acts 1881 to 1911

Courts and Court Officers Act 1995

1995,No. 31

Data Protection Acts 1988 and 2003

Family Home Protection Act 1976

1976,No. 27

Finance Act 2002

2002,No. 5

Health (Amendment) Act 1996

1996, No. 15

Health (Amendment) Act 2005

2005, No. 3

Health (Nursing Homes) (Amendment) Act 2007

2007, No. 1

Health (Nursing Homes) Act 1990

1990, No. 23

Health Act 1947

1947,No. 28

Health Act 1970

1970,No. 1

Health Act 2004

2004,No. 42

Health Act 2007

2007,No. 23

Medical Practitioners Act 2007

2007,No. 25

Mental Health Acts 1945 to 2001

National Archives Act 1986

1986,No. 11

Nurses Act 1985

1985,No. 18

Registration of Title Act 1964

1964,No. 16

Social Welfare Consolidation Act 2005

2005,No. 26

Taxes Consolidation Act 1997

1997,No. 39

Number

15

of

2009

NURSING HOMES SUPPORT SCHEME ACT 2009

REVISED

Updated to 13 March 2026

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A SCHEME TO BE KNOWN AS THE NURSING HOMES

SUPPORT SCHEME UNDER WHICH FINANCIAL SUPPORT MAY BE MADE AVAILABLE TO PERSONS IN RESPECT

OF LONG-TERM RESIDENTIAL CARE SERVICES OUT OF RESOURCES ALLOCATED TO THE HEALTH SERVICE

EXECUTIVE FOR THE PURPOSES OF THE SCHEME, TO PROVIDE FOR THE AMENDMENT OF THE HEALTH

ACT 1970, TO PROVIDE FOR THE AMENDMENT OF THE HEALTH (NURSING HOMES) ACT 1990, TO

PROVIDE FOR THE AMENDMENT OF THE COURTS AND COURT OFFICERS ACT 1995, TO PROVIDE FOR

THE AMENDMENT OF THE NATIONAL TREATMENT PURCHASE FUND BOARD (ESTABLISHMENT) ORDER

2004 AND TO PROVIDE FOR RELATED MATTERS.

[1

st July

, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(a) the enactments specified in

Schedule 1, and

(b) the statutory instruments

specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 15 of 2009

...

...

Nursing Homes Support Scheme Act 2009

...

...

Sections 5(4), 36 and 46

...

Annotations

Modifications (not altering text)

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(a) the enactments specified in

Schedule 1, and

(b) the statutory instruments

specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 15 of 2009

...

...

Nursing Homes Support Scheme Act 2009

...

...

Sections 5(4), 36 and 46

...

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title.

2. Commencement.

3. Interpretation.

4. Couples.

PART 2

Establishment of Scheme and Application for State Support

5. Establishment of Scheme.

6. Persons who may apply for State support under Scheme.

7. Care needs assessment.

8. Review of care needs assessment.

9. Application for State support.

10. Financial assessment of means.

11. Determination of application for State support.

12. Provision of State support and ancillary State support.

13. Provision of State support (transitional care services).

14. Calculation of amount of State support.

14A.

Application for appointment of family successor: farm or relevant

business.

14B. Charge

against interest in chargeable land.

14C. Duty of

Executive to determine whether

paragraph 6B

of

Part 3

of

Schedule

1

applies.

14D. Duties of

Executive on determination under

section 14C(2)(a)

.

14E. Review of

compliance with conditions.

14F. Death of

person receiving care services following determination under

section

14C(2)(a)

.

14G. Death or

change in circumstances of family successor.

14H. Change of

family successor following transfer of particular family asset.

14I. Repayment

of increase in State support.

14J. Recovery

of sums due under

section 14I

.

14K.

Application by partner for appointment of family successor.

14L.

Application by partner of deceased person for appointment of family

successor.

14M.

Determination as to farm or business relief where family successor fulfils

undertaking.

14N. Offence

of giving false or misleading information to Executive under certain

provisions.

PART 3

Ancillary State Support

15. Interpretation (

Part 3

).

16. Ancillary State support.

17. Ancillary State support to be charge against land.

18. Payment of ancillary State support.

19. Repayment of monies advanced by way of ancillary State support.

20. Repayment of monies advanced by way of ancillary State support where deferral

of occurrence of relevant event applies.

PART 4

Care Representative

21. Appointment of care representative in case of person not having full capacity.

21A.

Transitional provisions regarding care representatives.

22. Amendment of Second Schedule to Courts and Court Officers Act 1995.

PART 5

Notification of specified matters

23. Notification of death or discharge of person provided with financial support under

Scheme.

24. Notification of material change in circumstances of person provided with financial

support.

24A.

Notification of material change in circumstances of family successor.

25. Notification of change in circumstances of connected persons, etc.

26. Collection of monies advanced by way of ancillary State support.

27. Submission of schedule of assets to Executive where deceased person received financial

support under Scheme.

27A. Discharge

of orders made under

section 14B

.

28. Discharge of orders made under

section 17

.

PART 6

Joint ownership

29. Joint ownership.

PART 7

Reviews and Appeals

30. Reviews.

31. Appeals regarding hardship in certain cases.

32. Appeals against certain decisions of Executive.

PART 8

Charges in Respect of Care Services

33. Charges in respect of care services.

34. Amendment of Health Act 1970.

PART 9

Miscellaneous

35. Guidelines.

36. Regulations.

37. Amendment of Consumer Credit Act 1995.

38. Amendment of section 7A of Health (Nursing Homes) Act 1990.

39. Transitional provisions.

40. Designation by Minister of suitable person to negotiate agreements.

41. Amendment of National Treatment Purchase Fund Board (Establishment) Order 2004.

42. Non-disclosure and misstatement relating to financial assessments.

43. Contracts for necessaries.

44. Power of Executive to specify forms.

45. Records.

45A. Annual

report concerning relief in relation to farm or relevant business.

45AA. Annual report relating to eligible rental income.

45B. Review

of operation of amendments effected by Act of 2021.

45C. Review of operation of amendments effected by Part 9 of Act of 2022.

45D.

Government order to modify assessment of eligible rental income.

46. Relief of undue hardship.

46A.

Principles with regard to specified persons.

47. Authority of person to act on behalf of another person.

47A. Right to

bring another person to interview arranged by the Executive.

48. Amendment of Taxes Consolidation Act 1997.

49. Transitional

arrangements in relation to, and amendment of, certain paragraphs of

Part 3

of

Schedule 1

.

SCHEDULE 1

Assessment of Means

SCHEDULE 2

Adjustment and Manner of Calculation of Amounts Repayable in Respect of Ancillary

State Support