# Fair Deal Nursing Home Scheme



## amplify (20 Sep 2011)

Just wondering if anyone has had dealings with the HSE on this?
I have an elderly aunt who is going into a nursing home. Can she legally dispose of some of her assets by gifting them to relatives prior to being assessed?


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## onq (20 Sep 2011)

Last time we looked at this Mary Harney was thinking of bringing forward some legislation in this regard, which will tell you how long ago this is!

Googling using her name either on AAM or on Google may offer a few results.


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## mf1 (20 Sep 2011)

amplify said:


> Just wondering if anyone has had dealings with the HSE on this?
> I have an elderly aunt who is going into a nursing home. Can she legally dispose of some of her assets by gifting them to relatives prior to being assessed?



Why would she do that? Unless she and her family think that they'd prefer the State (i.e. the tax payer ) be defrauded? 

mf


See below from the website:

 26.
Couldn’t I just transfer my income and assets in order to reduce my contribution?

No, the scheme contains measures to protect against this. Under the legislation, any income or asset which is transferred within 5 years of applying for the scheme is taken into account in the financial assessment.
This does not affect your right to sell assets for full market value. Rather it is intended to prevent people from depriving themselves of assets for the purposes of the financial assessment.


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## mf1 (20 Sep 2011)

[broken link removed]

This is the link. I've been involved in several applications. I think it is a very fair scheme. I gather that there are delays currently in getting funding which puts horrendous pressure on struggling families. Which is why I would be horrified at someone actively seeking to "scam" the system by divesting themselves of assets. 

mf


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## gInvestor (25 Sep 2011)

amplify said:


> Just wondering if anyone has had dealings with the HSE on this?
> I have an elderly aunt who is going into a nursing home. Can she legally dispose of some of her assets by gifting them to relatives prior to being assessed?



Direct answer is No. 

If your aunt or any family member had paid for her care for the previous 3 years, then the family home will not be seen as part of your aunt's assets. If you wish to move the assets, any asset moved now or in the past 5 years will be assessed. 

Note that the cost of the individual who does not join the fair deal scheme has more than double since its introduction between the assigned costs to the private nursing home which seen an avg increase of 30% and the lowering of the tax rebate on nursing home costs from high rate to low rate (~20%) the cost is now out of control for any family.


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## bullworth (25 Sep 2011)

whats to stop for example the elderly aunt buying the OPs house off them at 2006 prices which delusional government policy seems to believe it's worth anyway hence in effect causing a transfer of wealth from aunt to OP ? Isnt the Aunt allowed to spend her wealth until her means run down ? Just curious as  a certain circle of more well connected people have been exploiting loopholes for years and personally I think the whole practice of punishing people for working and paying tax every day of their lives is shameful.


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## Dinarius (30 Sep 2011)

My mother has sold her house and has moved into sheltered housing.

After clearing her debts she will have a good lump sum left over from the sale.

For the past few years we (there are 5 of us) have been subsidising her pension with a monthly contribution by direct debit.

1. Given that the sale of the house will give her enough to live on, we'd like to stop this monthly payment.

2. Secondly, she may decide to refund us a few years contributions - she would still have enough left to live on.

In an ideal world, she will live out her days in the sheltered housing scheme, which is perfect for her. However, in the event of her needing to enter nursing home care, I have two questions.

1. Would our ceasing to pay the monthly contributions we have be making for the last few years militate against a Fair Deal application?

2. Would any refund she might make to us be held against us in the event of an application being made sometime in the next five years?

Many thanks.

D.


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