Fair Deal & Social Protection
Information on the Fair Deal Nursing Home Scheme and the Social Protection Supports available to farmers and farm families
The Nursing Homes Support Scheme, commonly referred to has the Fair Deal Scheme, provides financial support towards the cost of long-term nursing home care.
Under the scheme, people who need nursing home care have their income and assets assessed, and then make a contribution towards the cost of their care based on their assessment. The HSE will pay the rest, if any, of the costs of their care in designated public and approved private nursing homes covered under the scheme.
There have been a number of legislative changes to the Scheme, which will take effect from 20th October 2021. The changes to the Scheme may affect;
- farmers or business owners availing of the nursing home support scheme
- a person in nursing home care who intends to sell their family home
- a person in nursing home care who has already sold their family home
Section 5 outlines all the changes and the conditions to be met.
For more information visit www.hse.ie/nhss or you can call HSELive 1800 700 700 or 00 353 1 240 8787 from outside Ireland.
Nursing Home Support Scheme leaflet
Nursing Home Support Scheme information booklet
Nursing Home Support Scheme application form
Fair Deal FAQs
The Fair Deal FAQs are also available from here to download.
What is the Nursing Homes Support Scheme?
The Nursing Homes Support Scheme, commonly referred to has the Fair Deal Scheme, provides financial support towards the cost of long-term nursing home care.
Under the scheme, people who need nursing home care have their income and assets assessed, and then make a contribution towards the cost of their care based on their assessment. The HSE will pay the rest, if any, of the costs of their care in designated public and approved private nursing homes covered under the scheme.
People can choose care in any of the nursing homes included in the scheme provided that the nursing home can cater for the person’s particular needs and that it has a place available for the person. As the budget for this scheme is fixed each year, at times a waiting list for financial support may be in place.
Who can apply for the scheme?
Anyone who may need long-term nursing home care can apply. You must be ordinarily resident in the State, which means that you have been living here for at least 1 year or you intend to live here for at least 1 year.
How does the application process work?
There are 2 parts to the application process: a Care Needs Assessment and a Financial Assessment.
The Care Needs Assessment is carried out by healthcare staff e.g. Doctors, Nurses, Social Workers, and looks at your healthcare needs and your family and social supports. The outcome will show if you need long-term nursing home care.
If the Care Needs Assessment shows that you need long-term nursing home care, the Financial Assessment will work out the amount that you will pay towards the cost of your care and the amount that the HSE will pay.
The amount that you pay for your care depends on your income and the value of your assets, including assets transferred within 5 years of your first application. People who have less income/assets pay less and people who have more income/assets pay more.
No-one will pay more than the cost of their care.
What financial support does the HSE offer?
There are two types of financial support available under this scheme; State Support and a Nursing Home Loan (Ancillary State Support).
State Support:
Your income and assets are assessed and your weekly contribution is worked out. The HSE will pay the rest of the weekly cost of your care, this is called State Support.
Nursing Home Loan (Ancillary State Support):
This is an optional extra feature of the Nursing Homes Support Scheme for people who own property/land-based assets in the State.
Instead of paying your full weekly contribution for your care from your own means, you can choose to apply for a Nursing Home Loan, to cover the portion of your contribution which is based on property/land-based assets within the State. The HSE will then pay that portion of your cost of care on top of your State Support payment.
The loan is paid back to the State after the sale of all or part of the asset or your death, whichever occurs first. Repayment of the loan is made to the Revenue Commissioners. In certain cases, repayment of the loan can be deferred, and you can read more about this in the Information Booklet.
This part of the scheme is designed to protect people from having to sell their home during their lifetime to pay for nursing home care.
How can a you qualify for the 3 Year Cap on Relevant Farms and Businesses?
The 3-year cap on relevant farms and businesses is an additional support designed to extend the availability of the 3-year cap to relevant family owned and operated farms and business assets.
Successful applicants for State support are required to pay a portion of their assessable income and a portion of the value of their assets towards their care. A 3-year cap is available on contributions to the Scheme to relevant family-owned and operated farm and/or business assets in cases where a family successor commits to working the farm or business.
The 3-year cap is available when a family successor is appointed to run the farm or business for 6 years from the date of appointment. The approval of the 3-year cap will result in the creation of a
charge in favour of the HSE in respect of chargeable assets.
Conditions for the appointment of a family successor
- The person who needs care has been determined by the HSE as needing nursing home care.
- The person who needs care has had their financial assessment under the Scheme determined.
- The person who needs care or their partner falls into one or more of the following categories:
- They have an interest in a farm
- They have an interest in a relevant business
- They had an interest in a farm which is a transferred asset
- They had an interest in a relevant business which is a transferred asset
- The person who needs care has declared to the HSE in a statutory declaration that, in relation to the specified asset, for a period of 3 years (which period need not be continuous) during the period of 5 years ending on the day on which they began receiving care services, a substantial part of the working time of the person who needs care, the proposed family successor, a person appointed as a family successor or the partner of the person who needs care, was regularly and consistently applied to running the family asset.
- If all or part of the specified asset is a transferred asset,
- It became a transferred asset on its transfer by the person who needs care or their partner to the proposed family successor
- It continues to be held as a transferred asset by the proposed family successor and
- The proposed family successor undertakes by way of a statutory declaration to repay any sums for which they may become liable for as a result of non-compliance with the requirements of the Scheme.
- The proposed family successor must declare by way of a statutory declaration that if appointed as family successor that a substantial part of that person’s normal working time will regularly and consistently be applied to running the family asset for 6 years beginning on the date of appointment.
- That where the asset is not a transferred asset the person who needs care, his or her partner and any other owner of the asset consent to the creation of a charge in favour of the HSE.
- That where the asset is a transferred asset the person who needs care and any other owner of the asset consent to the creation of a charge in favour of the HSE.
For more information click here.
Who can be a Family successor?
A family successor must be 18 years or older, the partner of the person who needs care, or a relative of the person who needs care, or of their partner, or a son-in-law or daughter-in-law of the person who needs care, or their partner.
A relative is defined as a parent, step-parent, child, grandchild, brother, step-brother, sister, step-sister, uncle, aunt, nephew or niece of the person.
In the case of an asset that was transferred, the person to whom the asset was transferred may be appointed as a family successor provided, they continue to hold the asset specified in the application and undertake by way of statutory declaration to repay any sums for which they become liable by virtue of the requirements of the Act.
If I am in care under the scheme before the 20th October can I qualify for the 3-year cap?
Yes, farmers in care under Fair Deal before 20th October 2021 can still apply for the 3-year cap if they fulfil the qualifying conditions.
You can apply by completing section 7 in the application form to your local Nursing Homes support scheme office before 20 April 2022.
Do I pay the same contribution for as long as I am in nursing home care?
If you are approved for financial support under the scheme, you will pay the same contribution provided that your circumstances remain the same. The HSE can review, either at your request or on its own initiative your care needs, financial assessment or the amount of the nursing home loan. You can read more about this in the information booklet.
If my circumstances change?
You must advise the HSE within 10 working days if you or your partner’s circumstances change, as your financial support may be affected e.g., if your spouse/partner dies or you or your spouse/partner sell your property.
Failure to advise the HSE may result in an overpayment of State support which must be repaid to the HSE. If a person does not notify the HSE of a change in circumstances, he/she is guilty of an offence and is liable for a summary conviction to a fine not exceeding €1,000.
What is the cost of nursing home care?
The National Treatment Fund has agreed on maximum prices with registered nursing homes. You can see the maximum prices of approved nursing homes here (this is not the amount you will pay and should be used as a guide):
Farm Assist is a special means tested income support scheme available to farm families when their income falls below a certain threshold. To qualify for Farm Assist, a farmer must satisfy a means test, and be aged between 18 and 66 years. Qualification for Farm Assist can also lead to the farmer becoming eligible for the Rural Social scheme.
Application
To apply, a farmer must complete a Farm Assist application form (Farm 1), which is available in local offices of the Department of Social Protection.
Following an application to the Department of Social Protection, a local social welfare officer visits the farm and assesses eligibility on the basis of a means test, which takes into account the means of the farmer and spouse/partner, less outgoing and expenses in running the farm. The farmer’s own farm accounts can be used as an indication of farm income but this may not give a true reflection of the current situation. In view of this, IFA has secured a commitment from the Department of Social Protection that in cases of sudden income reduction due to low prices, high cost of feed due to fodder shortage, the current income position can be taken into account in the assessment.
Since 1st January 2007, farmers in receipt of Farm Assist must pay PRSI. If your income is above the insurable threshold of €5,000, your contribution will be 4% of income, subject to a minimum of €500. If it is below this, you may be able to pay voluntary contributions.
More information
An IFA Guide to Farm Assist
For full information on Farm Assist see the Citizens Information Website
The Rural Social Scheme (RSS) is aimed at low-income farmers. To qualify for the RSS you must be getting a social welfare payment. In return, people participating in the RSS provide services that benefit rural communities.
The Department of Social Protection has overall responsibility for policy in relation to the Rural Social Scheme, including eligibility criteria. The Department monitors the implementation of the RSS and supports the various bodies that manage the RSS locally. The Department may also inspect any Scheme and visit projects. At a local level, the Scheme is managed by implementing bodies such as local development companies and in the Gaeltacht areas, by Údarás na Gaeltachta.
Under the scheme, you work 19.5 hours per week. These hours are based on a farmer-friendly schedule. This is to ensure participation on the scheme does not affect your farming activities. If you get a place on the Scheme, you are offered a contract from your start date up to the following 31 March. You may be considered for a further term following the initial contract, if you continue to meet all the criteria for the Scheme.
The local management decides on your application. While it is not intended that anyone would remain on the scheme permanently, there is no definite time limit for participation.
If you are eligible for the Scheme but don’t wish to participate, your dependent spouse, civil partner or cohabitant may take the available place. However, this is only if neither of you are participating in any other similar scheme, (for example, the Community Employment Scheme.) The Rural Social Scheme operates independently of the Community Employment Scheme (CE).
Child Benefit is payable to the parents or guardians of children under 16 years of age, or under 18 years of age if the child is in full-time education or has a disability.
For twins, Child Benefit is paid at one and a half times the normal monthly rate for each child. For triplets and other multiple births, Child Benefit is paid at double the normal monthly rate for each child.
The Treatment Benefit Scheme is a scheme run by the Department of Social Protection (DSP) that provides dental, optical and aural services to qualified people.
The Treatment Benefit Scheme is available to insured workers and retired people who have the required number of PRSI contributions. This includes self employed people paying S class PRSI.
You should contact the DSP or your treatment provider to check your eligibility before proceeding with any treatment.
Under the Treatment Benefit Scheme, you may qualify for:
Dental benefit
Optical benefit
Hearing aids
Maternity Benefit
Maternity Benefit is a payment made for up to 26 weeks to women who are on maternity leave and covered by social insurance (PRSI). Maternity benefit is paid at a rate of €230 per week
Paternity Benefit
Paternity Benefit is a payment made to fathers on paternity leave and covered by social insurance (PRSI). Up to two weeks payment is available and you can take the leave and payment at any point during the first six months following birth or adoption.
To qualify
If you are employed you must have:
- At least 39 weeks PRSI paid in the 12-month period before the first day of your maternity leave, or
- At least 39 weeks PRSI paid since first starting work and at least 39 weeks PRSI paid or credited in the relevant tax year or in the tax year immediately following the relevant tax year. For example, if you are going on maternity leave in 2015, the relevant tax year is 2013 and the year following that is 2014, or
- At least 26 weeks PRSI paid in the relevant tax year and at least 26 weeks PRSI paid in the tax year immediately before the relevant tax year. For example, if you are going on maternity leave in 2015, the relevant tax year is 2013 and the year before that is 2012.
If you do not meet these PRSI conditions and you were self-employed before starting work as an employee, you can use your Class S contributions to qualify for Maternity Benefit – see PRSI conditions for self-employed people below.
If you are self-employed you must be in insurable employment and have:
- 52 weeks PRSI contributions paid at Class S in the relevant tax year. For example, if you are going on maternity leave in 2015, the relevant tax year is 2013, or
- 52 weeks PRSI contributions paid at Class S in the tax year immediately before the relevant tax year. For example, if you are going on maternity leave in 2015, the tax year immediately before the relevant tax year is 2012, or
- 52 weeks PRSI contributions paid at Class S in the tax year immediately following the relevant tax year. For example, if you are going on maternity leave in 2015, the tax year immediately following the relevant tax year is 2014.
PRSI Class S contributions for a particular year are not awarded until you have paid tax due for that year. Your income tax and PRSI liabilities (primarily for the relevant tax year) must be paid to qualify.
Self-employed workers, including farmers, who cannot work due to long term illness or disability may be able to claim Invalidity Pension if they have made sufficient PRSI contributions. Invalidity Pension is paid as long as the person continues to satisfy the qualifying conditions.
Full information is available on the Department of Social Protection website.
The Home Care Package (HCP) scheme is an administrative scheme, operated by the HSE. It aims to help people who need medium to high caring support to continue to live at home independently. The Home Care Package scheme is not established in law; as it is an administrative scheme, you do not have an automatic right to the scheme, or to avail of services under the scheme.
Carer’s Allowance is a payment to people on low incomes who are looking after a person who needs support because of age, disability or illness (including mental illness).
The Mobility Aids Grant Scheme provides grants for works designed to address mobility problems in the home, such as the purchase and installation of grab-rails, a level access shower, access ramps or a stair-lift. It is primarily for older people, but people with disability can also access the scheme.