Certificates of Discharge/Exemptions for Household Charge and NPPR

T McGibney said:
You shouldn't be taking the council's word as Gospel, and frankly neither should your solicitor. The council's only role here is to hustle as much money out of people as they can. They have no duty of care to assert or safeguard your rights.

You'll need to get proper legal advice on the extent of your liability here, particularly on whether the property ceased to be your father's PPR immediately upon his admission to the nursing home in March 2011.

It rather beggars belief that this could be the case within so short a timeframe, particularly if his/your agreement with the nursing home was on an ad hoc or monthly basis, and assuming that the house wasn't immediately let out, or there was no other reason why at least in theory he couldn't have returned to the house to live even temporarily had his condition improved or stabilised or had the nursing home arrangement not worked out for whatever reason.

However, in order to be sure, you'll need to have this checked properly, taking into account the exact circumstances of the case. Good luck with it.
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Have been on to the solicitor this morning and she's going to talk to the council
 
The FAQs on the NPPR website includes the following:

What is the exemption for a person who has to be taken into care because he/she is incapacitated due to illness, and who retains ownership of his or her house or apartment?

If a person has had to vacate their principal private residence (which they own) due to long-term incapacitation arising from physical or mental illness, the property is exempt from the charge irrespective of the use to which it is subsequently put. The exemption applies irrespective of whether the person lives in a nursing home or care centre, or whether he or she lives with relatives. The only condition is that the person must not own the property in which he or she now resides. “long term mental or physical infirmity” is defined in the legislation as an infirmity requiring the person to vacate the property in which he/she had been dwelling for a continuous period of more than 12 months and that is certified as such by a registered medical practitioner

That seems pretty clear regarding liability?
https://www.nppr.ie/Faq.aspx#fk13
 
Gipimann is 100% correct and I have got an exemption for my mother based on this. Go to the website and fill out the form and produce the relevant documents and all will be sorted. Dare I say I have a feeling that there is more to this though.
Regrading the solicitor's advice, he is concerned with making the sale and depending on the price of the house it may be a better option to pay now and appeal later. After all, his job is to make the sale and finalize probate.
 
Wasn't there someone on here a while ago trying to gather support un order to mount a legal challenge to the NPPR?
 
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