This will involve submitting an application for a care needs assessment.

Then submitting an application for state support, which is used to complete the financial assessment. The financial assessment determines your contribution to care and the corresponding level of financial assistance, referred to as “state support.”

This step is optional but should be completed if you wish to apply for the nursing home loan (ancillary state support). It is essential to complete the form carefully, providing accurate information regarding your financial affairs. All documents listed in the accompanying checklist must be attached.

The application form must be signed by the applicant and submitted to the HSE. If the applicant is unable to sign due to diminished capacity to make decisions, a specified person may sign on their behalf in accordance with the relevant provisions.

The Care Needs Assessment determines whether long-term nursing home care is necessary. Conducted by healthcare professionals, such as a nurse, the assessment considers whether you can continue to live safely at home or if long-term nursing home care is the most suitable option. Please note that eligibility for state support or the Nursing Home Loan requires a finding that long-term nursing home care is needed.

The Financial Assessment looks at your income and assets to work out how much you will contribute towards the cost of nursing home care. The details you provide on your application form are used to complete this assessment.

You may need to pay up to 80% of your income and 7.5% of the value of your assets, including your home, each year. After three years in care, your home is no longer included in the assessment – this is called the “three-year cap.” You do not need to take any action for this to happen. If you sell your home while in care, the money you receive from the sale is also included in the three-year cap. You should contact your local Nursing Home Support Scheme office so your contribution can be reassessed. The HSE will then pay the remaining cost of your care. For example, if your care costs €1,000 per week and your contribution is €300, the HSE will pay the remaining €700. This payment from the HSE is called state support.

If your assets include land or property, you may be able to defer your contribution based on these assets. This means you do not have to pay this portion of your contribution during your lifetime. Instead, if approved, the HSE will pay it on your behalf, and it will be recovered by the Revenue Commissioners after your death. This optional part of the scheme is called the Nursing Home Loan.

To apply for the Nursing Home Loan, you must give written consent for a simple mortgage, called a Charging Order, to be placed on your property. The HSE will arrange and register the Charging Order, and you do not need to take any action, although they may contact you to confirm details. If you are unable to consent due to reduced capacity, a Care Representative must be appointed to act on your behalf.

You can choose to repay the loan at any time. Otherwise, it will be collected from your estate after your death. If your partner continues living in your home after your death, they can apply for a deferral, which means the loan will be collected from their estate after their death.

The HSE will provide a list of approved nursing homes, including public, voluntary, and private facilities. You may choose any home from this list, as long as it can meet your care needs and has a place available.

Once you have selected a nursing home, you will pay your assessed contribution directly to the home, and the HSE will pay the remaining cost of your care.

This guide provides only a brief overview of the Fair Deal Scheme. Full details can be found on the HSE website: https://www2.hse.ie/services/fair-deal-scheme/about-the-fair-deal-scheme.html

Probate is the legal process used when someone dies having made a valid Will. It confirms the Executor’s authority to deal with the deceased person’s assets and ensures the wishes in the Will are carried out.

If someone dies without leaving a Will, their estate is dealt with through Administration. The court appoints an Administrator, usually a close family member, to manage and distribute the estate according to law.

A probate valuation is an official valuation of the deceased’s property. It must be provided to the Probate Office as part of the process.

A probate valuation is always required if the deceased owned property, whether or not the property will later be sold.

The property is valued as of the date of death, regardless of when the valuation itself takes place.

The Grant of Probate (if there is a Will) or the Grant of Administration (if there is no Will) is the legal document that allows the Executor or Administrator to collect the deceased’s assets and distribute them.

Beneficiaries are those entitled to inherit, either under the Will or under the rules of intestacy if there is no Will. Their details (including PPS numbers and information about previous inheritances) must be recorded. Beneficiaries may have to pay inheritance tax if the value of their inheritance exceeds the tax-free threshold.

Beneficiaries receive their inheritance once:

• The Grant of Probate or Administration is issued,
• All assets are collected, and
• All debts, expenses, and taxes are paid.

In straightforward cases, this process typically takes 9 to 18 months. It can take longer if there are disputes or legal complications.

Inheritance tax, also called Capital Acquisitions Tax (CAT), applies if the value of an inheritance is over a certain threshold. The probate valuation is used to calculate whether tax is due and how much.

If an inherited property is sold for more than its probate valuation, the increase in value is subject to Capital Gains Tax (CGT).