The document provides information about Ireland's Fair Deal (NHSS) nursing home support scheme. It covers what Fair Deal is, the application process, completing the application form, financial assessments, ancillary state support loans, and recent changes. Key points include: - Fair Deal provides financial support for long-term nursing home care, with clients and the HSE sharing costs based on a means test. - The application process has four parts including a care needs assessment and financial assessment. Forms are available from local NHSO offices or online. - The financial assessment calculates a weekly client contribution based on income and assets, with different rules for single people and couples. - Ancillary state support provides optional loans

1. Fair Deal (NHSS)
Briefing Session
22nd March 2022
Irish Farmers Association
Presented by: Ultan Hynes, Head of Service, NHSS, HSE

2. Today we will cover:
 What is Fair Deal?
 The Application Process
 Completing the Application Form
 The Financial Assessment
 Ancillary State Support – (Nursing Home Loan)
 Recent changes to NHSS Scheme
 3 year Cap on Family Farms/Businesses
 Sale of Family Home
 Further information and advice

3. What is Fair Deal?
 Fair Deal is a scheme of financial support to clients
deemed to require long-term residential care
 Nursing Homes Support Scheme Act 2009
 Currently 22,000 clients being supported
 One national awaiting funding list – issued weekly in
strict chronological order. Four weeks max.
 Average Length of stay 3.1 years
 Annual funding in excess of €1.05bn.
 A co-funded Scheme – both HSE and client make
contribution

4. The Application process
 Four parts to the application
 Care needs assessment
 State support application
 Ancillary State support application (optional nursing
home loan)
 3 Year Cap on Family Farms/Businesses (optional)
You forward applications to your local Nursing Homes
support Office (NHSO).
List of NHSOs on Application Form & HSE Website

5. The Application Form
You can get an Application Form from:
 Your local Community Care Office or NHSO
 Online at the hse.ie website – also has a lot of
info. to help you through the process

6. Completing the Application Form
 The person who needs care should complete the form
 If this person does not have capacity to understand the
Scheme, a “Specified Person” may apply on their behalf
(for State support) – List on Application Form.
 It is important that no part of the form is left blank
 Additional documentation may be required to support
each application
 If Ancillary State Support (the loan) is required, and the
person does not have capacity, a Care Representative,
Registered EPOA, or Committee for Ward of Court may
apply on their behalf

7. Single Couple (assuming one person in care)
- 80% income - 40% income
 7.5% assets - 3.75% assets (half)
 €36,000 asset disregard - €72,000 disregard
 Allowable deductions -Allowable deductions
 Min. 1/5th NCOAP - Min. NCOAP + 1/5th
NCOAP
 A member of a couple is assessed based on the combined
income and assets of the couple.
 List of allowable deductions – available on HSE Website
 Note: HSE reviews Revenue Schedule of Assets after client RIP
to confirm financial details
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Financial Assessment
The weekly client contribution is calculated as follows:

8.  State & Private Pension– income €500 per week
 Cash Assets (Savings) €10,000
 Relevant Assets (family home) € 600,000
80% of income: € 400
7.5% cash (over €36K) €0
7.5% Principal Residence
(less balance of disregard €26k) €827.90
Total Assessed Weekly Contribution €1,227.90
NOTE: At end of 3 years care, charge on PPR removed. Afterward being charged €400pw.
This applicant might consider applying for A.S.S. (the Fair Deal loan)
rather than using their savings.
Example 1 – Single person

9. Example 2 – Couple
(one member of couple needs nursing home care)
 Couple’s combined weekly income €496.60
 Combined Savings €80,000
 Principal Private Residence €100,000
Calculation
Income: 40% of combined weekly income €198.64
Income safeguard: Person at home left with 50%
of couples income or the max rate of NCOAP (whichever is greater) &
person in care keeps 20% of their income or 20% or max rate of non con State pension (whichever is greater)
when assessing portion of contribution based on income.
Cash Assets: 3.75% of Cash Assets over €72,000/52 €5.76
Relevant Assets: Principal Private Residence: 3.75% of €100K /52 €72.11
Assessed weekly contribution towards cost of care: €276.51
Retained income in this case is €297.96 which is 50% of combined income plus 20%

10. Example 3 – Farming Couple
(one member of couple needs nursing home care)
 Couple’s combined weekly income €496.60
 Combined Savings €80,000
 Principal Private Residence €100,000
 Farm €400,000
Calculation
Income: 40% of combined weekly income €198.64
Income safeguard: Person at home left with 50%
of couples income or the max rate of NCOAP (whichever is greater) &
person in care keeps 20% of their income or 20% or max rate of non con State pension (whichever is greater)
when assessing portion of contribution based on income.
Cash Assets: 3.75% of Cash Assets over €72,000/52 €5.76
Relevant Assets: Principal Private Residence: 3.75% of €100K /52 €72.11
Farm 3.75% of €400,000 / 52 €288.46
Assessed weekly contribution towards cost of care: €564.97
Retained income in this case is €297.96 which is 50% of combined income plus 20%

11.  Applicant has €400 per week income, €40,000 Savings and their
home is valued at €200,000. (Same impact on Farm if eligible for 3
year cap as on PPR below.)
 Before:
 80% Income €320.00
 7.5% of Cash Assets (over €36,000) € 5.76
 7.5% of Principal Residence (or Family Farm if eligible) €288.46
 Client’s Total Weekly Contribution €614.22
 After the principal residence is removed (A.S.S will also cease where it was in payment)
 80% Income €320.00
 7.5% of Cash Assets (over €36,000) € 5.76
 7.5% of Principal Residence (or Family Farm if eligible) 0.00
 Clients Total Weekly Contribution € 325.76
 As a result of 3 year cap the client’s contribution decreases by portion related to PPR (€288.46 in the above
example) and the HSE’s contribution increases by this amount
Example 4 – 3 Year Cap before & after

12.  Ancillary State Support (the nursing home loan) funding is an
optional benefit under the Scheme.
 Availed of where a person wishes not to pay their full weekly
contribution now. Rather they wish to utilise ASS to fund the amount
of their weekly contribution based on their relevant assets e.g. family
home.
 The loan is essentially the same as a Mortgage
 Title to the applicant’s property must be established
 No Title – No loan
 HSE must ensure when loan is paid that this can be recouped by the
Revenue Commissioners
What is Ancillary State Support

13.  The applicant themselves.
 Where an applicant does not have capacity to understand the
Scheme the following appointments must be in place for the loan
application to be approved.
 1. Care Representative (registered by the Circuit Court)
List of people who may apply for Care Rep:
 where the person is a member of a couple, the other member of the couple;
 (b) a parent (c) a child (d) a brother or sister (whether of the whole or half blood) of the relevant person;
 (e) a niece or nephew (f) a grandchild (g) a grandparent;(h) an aunt or uncle;
 (i) a person, other than a person who is—
 (i) the proprietor of a nursing home in which the relevant person resides or is likely to reside,
or
 (ii) one of the registered medical practitioners who examined the relevant person
 2. Registered Enduring Power of Attorney
(Power of Attorney not acceptable)
 3. Committee for Ward of Court
Who may apply for loan?

14.  Part 6A must be completed & signed by Applicant &
Spouse/Partner – or Rep with legal authority
 Part 6B must be completed & signed by a Joint Owner (if
other than a spouse/partner)
 The application for the loan will require Title check
verification. Once all is in order, ASS will be approved.
 Should the Client wish to accept the loan funding, they
must complete the A&C form and return to the NHSO.
This is the legally binding contract between the HSE and
the client availing of the loan.
If Title cannot be verified (Life Interest, Right of Residency)
- the loan cannot be paid by the HSE
The loan Process

15.  A Relevant Event is defined, in respect of persons in receipt of Ancillary State
Support (A.S.S.) as any of the following:
 RIP of Applicant
 Sale/Transfer of Property or Part of property
 Bankruptcy of applicant or spouse
 False/Misleading Information
The HSE will notify both the Accountable Person and the Revenue Commissioners
of the loan repayment amount due.
 R.I.P. - 12 months to repay loan from date of death
 S.O.P. – 6 months to repay loan from closing date of sale
All Loan repayments are made to Revenue Commissioners
Interest Payments:
 CPI may be added to the loan repayment amount by the HSE.
 Interest and penalties may be applied by Revenue in cases where the full repayment of the loan
is not made within the specified timeframes as above.
When is the loan repaid?

16. Recent Changes to Scheme
There are two changes:
1. The 3 year cap on Farms and Business Assets
– it is possible for Cap to be extended to Family
Farms & Businesses if certain requirements are
met
2. The Net Proceeds of Sale of PPR - subject to 3
year cap from 20/10/21 – Net proceeds of sale
will be eligible for 3 year cap from this date

17. 3 YC Farm and Business Assets –
conditions for approval
 A Family Successor must be appointed by the HSE – Apply to be appointed by
completing Section 7 of revised Application Form – Client in care, or rep, must apply.
 They must commit to running the farm or business for 6 years from date of
appointment – Complete Statutory Declaration to confirm this (available on HSE
Website)
 The farm / business must have been actively run by either the client/ their partner or
proposed Family Successor for at least 3 of the 5 years prior to admission to care –
Complete Statutory Declaration to confirm this.
 A charge in favour of the HSE is placed on the chargeable assets of the client before
they receive financial benefit. The charge is removed when the 6 years expire and
after the Family Successor has met requirements over that period.
 Confirmation that Family Successor continues to actively work family farm/business
will be required periodically for six year duration – even if client leaves care before end
of six-year Family Successor period, assuming they received financial benefit.
 If requirements are not met, there will be a recoupment of financial benefit
gained.
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18. Who can be a family successor?
 18 years or older
 The client’s partner
 A relative of the client or of their partner
 A son-in-law / daughter in law of the client or their partner
Note: Relative is defined in 2009 Act: child, grandchild, brother, step-brother, sister, step-
sister, uncle, aunt, nephew, niece, parent, step-parent
Family Successor can change during six-year period.
The 3 year cap determination date shall not be earlier than the later of the
following:
 The client has been in care for 3 years,
 The family successor has been appointed.
Two distinct groups of immediate potential beneficiaries:
Residents in Nursing Homes who have not applied for NHSS – They need to apply for
Fair Deal
Residents who are supported by NHSS – they need to complete & submit
Section 7 of Application form to apply for this benefit.
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19. Supporting Evidence
 In the case of farms, the following documents are acceptable as proof for both
Applicant and your Family Successor – list available on HSE website.

 Proof of an active Department of Agriculture, Food and Marine (DAFM) registered
herd number with Herd Owner Status, for each year since the year in which the
family successor was appointed. Herd Keeper status is acceptable for the Family
Successor.
 OR
 Proof of another DAFM Identifier such as:
 An active Registered Farm Partnership number
 An active poultry flock number with poultry flock owner status
 An active sheep flock number
 An active Equine Premises Number (EPRN)
 An active Pig Herd number with Herd Owner status
 An active non-animal/cereal number
 A fishing vessel registration number included on the Registrar of Sea Fishing
boats maintained by DAFM

20. Supporting Evidence contd…
 OR
 Such other information as may satisfy the HSE of the participant’s status as an
active farmer
 Please note: The proof required above may be demonstrated via, for example, a valid
BPS application for the current scheme year or a copy of a herd test within the last
year
 AND
 The client / family successor must also present one of the following:
 BPS applications in respect of all of the land for which the relief is claimed
under the same DAFM Identifier OR
 Certificate of participation in a Bord Bia Quality Assurance Scheme OR
 Evidence of membership in the Irish Grain Assurance Scheme OR
 Evidence showing that the person is producing and delivering milk to a
registered Milk Purchaser OR
 Evidence of submission of annual census data in respect of all sheep, goats,
pigs and equines kept OR
 Certified Farm Accounts and Documentation of Sales of Horticultural
Produce OR
 Certified Farm Accounts and Documentation of Sales of Hay & Silage OR
 A copy of the DAFM AIM system animal profile within the last year.

21. Supporting Evidence contd…
OR
Such other documentation as may satisfy the HSE of the successor’s
status as an active farmer.
Please note:
• The above documentation may also be required for previous years.
• Any scheme registration that makes reference to land or assets must be in
respect of the assets on which the NHSS (Fair Deal) relief is being claimed.
• A declaration of the forestry parcels on a BPS application is acceptable

22. Charge
removed
from the
Farm Asset
Family Successor appointed at time of admission
Date of Family Successor
Appointment
Family Successor 6
year obligation
complete
Family Successor
6 Year Obligation to work the farm from date of Appointment
Farm Asset Removed
from Financial
Assessment
Charge Placed on the
Farm Asset
Person in Care
Day 1 in
Care
3 Years in Care Person in Care
leaves the
Scheme

23. Charge Placed on the
Farm Asset
Charge
removed from
the Farm
Asset
Family Successor appointed after 3 Years of Person in Care
Date of Family Successor
Appointment
Family Successor 6
year obligation
complete
Family Successor
6 Yr. Obligation to work farm from appointment
Farm Asset Removed
from Financial
Assessment
Person in Care
Day 1 in
Care
3 Years in Care Person in Care
leaves the
Scheme

24. You can get further information on the Fair Deal Scheme at:
 HSE website – www.hse.ie/nhss
Section 5 for details of 3 Year Cap for Family Farms
 Your local Nursing Homes Support Office
-list and contacts on Application Form or HSE
Website
 HSE Live lo-call number: 1800 700 700, live chat: 8am to
8pm Monday to Friday and Saturday/Sunday 9am – 5pm
Information Sources