HSE Fair Deal Scheme

Discussion in 'Wills, inheritances and gifts' started by roxymusic, 24 Aug 2018.

  1. roxymusic

    roxymusic Registered User

    My Mother in Law is current resident in a HSE approved Nursing home under the Fair deal scheme. In line with the rules of the scheme she will pay 80% of her old age pension plus a percentage of her assets ie cash & property over 3 years. This is fine, except she is a 'Joint Tenant' of the family home with a brother. The main issue for her and her daughter who has Powe of Attorney for her mother, is that when her mother dies, the loan which she has availed off ( as part of the fair deal scheme) will have to be settled with Revenue. Normally if a person is the sole owner the house would be sold and the debt paid from the proceeds of the sale. However because this house is held as Joint Tenancy with a brother, when one of the Tenants dies the other Tenant automatically inherits 100% of the home , thus leaving my daughter legally liable to pay off the HSE loan to the Revenue commissioners.
    So although currently my Mother-in-law owns 50% of the family home and is consequently paying contribution of €200 per week based on 50% of the house value, when she dies she cannot access this share of the property. I would appreciate if someone can advise how my wife
    can find a way whereby the HSE loan can be met by utilizing her 50% share in the home. It doesn't make sense that her mothers loan is part based on the loan but that she cannot get access to proceeds of the home because of the joint tenancy.
    Thank you
  2. noproblem

    noproblem Frequent Poster

    I'm interested in finding out how she got the fair deal set up when she didn't own the property, unless ofr course the brother agreed to it with the HSE. Surely if power of attorney is with her daughter she will know what's expected?
  3. twofor1

    twofor1 Frequent Poster

  4. twofor1

    twofor1 Frequent Poster

    Yes, I think the brother must have agreed.

    Where applying for the Nursing Home Loan all joint owners must consent to the charge being registered against the property. Part 6B, page 10.