Concern over potential nursing home bills of up to €120,000 a year for farmers have been raised following reports that leasing land long-term could disqualify farming families from a three-year fee cap under the Nursing Home Support Scheme. Over 350 people from across the country attended a webinar organised by the IFA and the HSE last week, to explain the Fair Deal process for nursing home care as it applies to the farming community.

Ultan Hynes, head of service with the HSE Nursing Homes Support Scheme, known as the Fair Deal scheme, gave a presentation to explain the application process, focusing on the three-year cap on family farms, which relinquishes the nursing home charge payable to the HSE if a person’s stay in care exceeds three years.

However, the disqualification of land, leased long-term to a non-family member under the terms of the three-year cap is potentially leading to a huge swathe of farmers missing out on the relief.

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Teresa Roche, chair of IFA farm family and social affairs committee told the Irish Farmers Journal she was seeking clarification from the HSE over the uncertainty those farmers who have leased land long-term face when it comes to meeting the Fair Deal criteria.

“The presentation was very good as Ultan simplified things as much as possible to make it relevant to people,” she said.

“But there is still a lot of uncertainty out there when it comes to leased land and the financial burden facing farm families who don’t qualify for the three-year cap. Sums of up to €120,000 a year are being reported, with farmers having to sell off sites to meet these bills, which are proving a substantial financial burden.”

The Fair Deal contribution people pay towards their nursing home fees is determined by taking 80% of a single person’s income, plus 7.5% of assets, with the first €36,000 of savings exempt.

For a couple, the figures amount to 40% of joint income, 3.75% of assets and the first €72,000 of savings discounted from assessment, with allowable deductions also taken into consideration for both. The HSE pays the balance of the nursing home fee.

Teresa Roche, chair of the IFA Farm Family and Social Affairs Committee. \David Ruffles

Actively run

In order for a farmer to be granted the three-year cap, the farm must have been actively run by the person seeking residential care, their partner/spouse or a proposed family successor for at least three of the previous five years prior to admission to a nursing home.

An approved farm successor has to be nominated who must commit to actively running the farm for six years from the date of appointment, with Hynes advising people to apply as early as possible in order to gain the maximum benefit of the scheme.

Roche advised farm families to get their affairs in order in plenty of time, so that they would not miss out on the benefits others receive through Fair Deal.

“Farmers need to sit down with their families and have conversations now, and not wait until there’s an emergency where someone requires nursing home care,” she said.

“They need to make their wishes known and to put an approved, active farm successor in place before they are faced with a crisis. We still need clarification from the HSE in terms of the stipulation around long-term leased land, and whether or not that is taken into account for the three-year cap, and I am hoping we get that confirmation very soon. Incomes on most family farms are very low and they should not be discriminated against in any way. It’s a terrible situation where families are having to be broken up to meet the bills these families are facing for their loved ones’ care and we are continuing to lobby for changes to Fair Deal to make it a fairer system for all.”

A list of eligible family successors is included on the HSE’s Fair Deal form and active documentation from the Department of Agriculture will suffice as proof that the farm is active.

“The advice to farmers is to appoint a family successor at the earliest opportunity to ensure that the six-year requirement is effective as soon as possible, as this timeline kicks in when the successor has been appointed, not the date of admission to the nursing home,” said Hynes.

“Where the asset has been transferred to a successor, they can apply for the three-year cap and get the benefit.

“More than one family successor can be appointed, but they must be working different sections of the farm, and there can be change in the family successor during the six-year period.

“One thing that slows down applications for Fair Deal from the farming community is the lack of maps supplied to us to identify assets in the master folio which do not attract the three-year cap, so we encourage people to ensure they meet the requirements set out in the application form.”