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Fair Deal Scheme Solicitors

Protect Your Family's Home and Wealth While Securing the Best Care

Making decisions about long-term care for a loved one can be one of the most difficult experiences a family faces.

Alongside the emotional challenges, many families worry about how nursing home costs will affect the family home, savings, farms, businesses, and future inheritance.

At Martina Murphy Solicitors, we provide clear legal guidance on the Nursing Home Support Scheme (Fair Deal Scheme), helping families understand their options, protect their interests, and secure access to the care their loved ones need.

The Financial Anxiety of Long-Term Care

Families often come to us with concerns such as:

• Will we have to sell the family home?
• How will nursing home fees affect family savings?
• What happens if assets were transferred in recent years?
• Can the family farm or business be protected?
• What if my parent has already lost capacity?

These concerns are entirely understandable.

The Fair Deal Scheme can provide significant financial support, but the application process involves detailed financial assessments, strict eligibility requirements, and complex legal considerations.

Professional legal advice can help ensure that applications are structured correctly and that families fully understand their rights and obligations.

Our Fair Deal Scheme Services

We assist individuals and families with every aspect of the Nursing Home Support Scheme.

Fair Deal Application Advice

We guide families through:

• Financial assessments
• Asset disclosure requirements
• Income calculations
• Property assessments
• Application preparation

Our aim is to help ensure applications are completed accurately and efficiently.

Nursing Home Loan (Ancillary State Support)

Where cash flow is a concern, families may qualify for Ancillary State Support, commonly known as the Nursing Home Loan.

We assist with:

• Application preparation
• Legal documentation
• Property-related requirements
• Registration of charging orders
• Compliance with HSE requirements

Family Farm and Business Protection

Many families are concerned about the impact of nursing home costs on agricultural land and family businesses.

We provide advice regarding:

• Family successor arrangements
• Business continuity planning
• Agricultural Relief considerations
• Relevant Fair Deal Scheme protections

Capacity and Decision-Making Support

Where an individual has lost decision-making capacity, additional legal steps may be required.

We advise on:

• Enduring Powers of Attorney (EPA)
• Decision-Making Representatives
• Capacity-related applications
• Decision Support Service (DSS) requirements

Understanding the Five-Year Rule

One of the most misunderstood aspects of the Fair Deal Scheme involves asset transfers made before an application is submitted.

The HSE may examine certain transfers of assets made during the five years preceding an application.

These may include:

• Gifts of money
• Property transfers
• Land transfers
• Business interests
• Other significant disposals of assets

The purpose of these rules is to ensure that assets are not deliberately transferred solely to reduce an individual's contribution towards care costs.

Every situation is unique.

We carefully review family circumstances and provide practical advice regarding how previous transfers may affect an application.

Financial Clarity and Asset Protection

Many families fear that nursing home care will consume everything they have worked hard to build.

The Fair Deal Scheme contains several important protections, including:

Principal Private Residence Cap

The family home is generally assessed at 7.5% of its value per year for a maximum of three years.

This means the assessment is typically capped at 22.5% of the property's value.

Nursing Home Loan

Where immediate payment would cause financial hardship, the Nursing Home Loan allows contributions relating to property assets to be deferred.

This can prevent the need for an immediate sale of the family home.

Family Farm and Business Protections

Specific provisions may be available for qualifying farms and businesses where certain conditions are met.

We help families understand whether these protections may apply.

Our Process

Initial Consultation

We begin with a confidential discussion about:

• Family circumstances
• Financial position
• Existing assets
• Capacity concerns
• Long-term care requirements

Legal and Financial Review

We assess:

• Property ownership
• Savings and investments
• Previous asset transfers
• Existing legal arrangements
• Potential Fair Deal implications

Application Support

We assist with:

• Documentation
• Financial disclosures
• Nursing Home Loan applications
• Legal authorisations
• HSE correspondence

Our goal is to make the process as straightforward as possible during what is often a stressful period for families.

Why Families Choose Martina Murphy Solicitors

With over 100 years of combined legal experience, we understand the financial and emotional challenges that accompany long-term care planning.

Clients trust us because we provide:

• Clear legal advice
• Practical solutions
• Compassionate support
• Thorough preparation
• Strong attention to detail

We are committed to helping families make informed decisions while protecting their long-term interests.

Frequently Asked Questions

What is the Fair Deal Scheme?

The Nursing Home Support Scheme, commonly known as the Fair Deal Scheme, is a government-supported programme that assists eligible individuals with the cost of long-term nursing home care.

Will we have to sell the family home?

Not necessarily.

Various protections exist under the scheme, including the three-year cap on the principal private residence and the availability of the Nursing Home Loan.

The appropriate solution depends on individual circumstances.

What is the Nursing Home Loan?

The Nursing Home Loan (Ancillary State Support) allows certain contributions relating to property assets to be deferred until a later date, reducing immediate financial pressure on families.

What happens if my parent has already lost capacity?

If no Enduring Power of Attorney exists, additional legal procedures may be required before financial and care decisions can be made on behalf of your loved one.

We can advise on the most appropriate legal pathway.

Do family farms and businesses receive special protection?

Specific protections may apply where qualifying conditions are satisfied.

We can review your circumstances and advise on the options available.

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Disclaimer

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.