S.I. No. 225/1996:

NURSING HOMES (SUBVENTION) (AMENDMENT) REGULATIONS, 1996

NURSING HOMES (SUBVENTION) (AMENDMENT) REGULATIONS, 1996

The Minister for Health, in exercise of the powers conferred on him by Section 7 of the Health (Nursing Homes) Act, 1990 (No. 23 of 1990) hereby makes the following Regulations:--

1. These Regulations may be cited as the Nursing Homes (Subvention) (Amendment) Regulations, 1996.

2. The Nursing Homes (Subvention) Regulations, 1993 ( S.I. No. 227 of 1993 ) as amended by the Nursing Homes (Subvention) (Amendment) Regulations, 1993 ( S.I. No. 378 of 1993 ) are hereby amended by the substitution for article 17.1 of the following:--

"17.1 A health board having determined that a person who was not resident in a nursing home on the day the Act was commenced qualifies for a subvention, may, instead of paying the subvention, offer that person accommodation in a health board institution providing nursing care within the board's functional area. "

And by the insertion of the following:--

"22.3 A health board may, from 31 July, 1996 enter into an arrangement with a home registered under the Health (Nursing Homes) Act, 1990 to provide in-patient services under Section 52 of the Health Act, 1970 (No. 1 of 1970). Such an arrangement shall be considered to be in accordance with the provisions of these Regulations for as long as the home is registered under the Act, and that with the exception of Articles 10.1, 10.3 and 12.1 the provisions of these Regulations are observed.

"22.4 In making an arrangement with a home under article 22.3 a health board may, in respect of a person, pay a rate exceeding the maximum rate payable in respect of each of the three levels of dependency of persons assessed as requiring maintenance in a nursing home as set out in the Fourth Schedule to these Regulations. In making such an arrangement a health board shall not pay less in respect of a person than the maximum rate payable in respect of each of the three levels of dependency of persons assessed as requiring maintenance in a nursing home as set out in the Fourth Schedule to these Regulations.

Paragraph 6 of the Third Schedule to the Regulations is amended as follows:--

"In calculating disposable income, a health board shall allow the following against income:

(i) £8,000 personal allowance

(ii) £5,000 for a dependent spouse

(iii) £2,000 for each child under twenty-one years or in full-time education

(iv) £2,000 for each dependent person not covered above residing with the son or daughter

GIVEN under the Official Seal of the Minister

for Health this 29th day of July, 1996.

Michael Noonan

Minister for Health

EXPLANATORY NOTE

These Regulations amend the Nursing Homes (Subvention) Regulations, 1993 ( S.I. No. 227 of 1993 ) and the Nursing Homes (Subvention) (Amendment) Regulations, 1993 ( S.I. No. 378 of 1993 ) by the inclusion of a provision that a health board may, instead of paying a subvention, offer alternative care to a person who has qualified for a subvention in a health board home. These Regulations also provide that a health board may contract out beds in registered nursing homes and allow for the payment of subventions above the maximum rate. Finally, these Regulations increase the personal allowances applied by designated officers of the health board when assessing the circumstances of adult sons and daughters of an applicant for subvention.