Farm families urged to appoint successor to avoid Fair Deal delay

Image source: Teagasc
Image source: Teagasc

Farm families are being urged to immediately appoint a farm successor - one of the conditions of being able to avail of the recently amended Nursing Home Support Scheme, known as Fair Deal.

Changes to the law underpinning Fair Deal introduced a three-year cap on nursing-home charges against a farm or a business asset. These changes came into effect last week.

However, farming families cannot avail of the new scheme without having a successor appointed.

Independent TD, Denis Naughten is advising families to act now.

"Families cannot avail of this relief until they have appointed a successor who will farm the land for the next six years, and provide evidence of this to the Health Service Executive," he said.

"To avail of the three-year cap, the person in the nursing home must formally designate their family successor who will run the farm for the next six years and they must also confirm that either they or their partner/spouse spent a substantial part of their working time on the farm before they went into long-term care."

The six-year period commences on the date of appointment as successor by the person in the nursing home.

“In most instances this should be straightforward, but the cap cannot kick in until the application and supporting documentation including sworn affidavits are submitted to the Nursing Home Support Scheme offices,” said Deputy Naughten.

Where the land has already been signed over but is still being charged under the Nursing Home Support Scheme, the new owner of the farm is obliged to consent to a charging order being registered against the asset.

Application forms are now available on the HSE website

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