Charging Orders under the Nursing Homes Support Scheme Act 2009

1. Introduction

1.1 Scope of Practice Direction
Section 17(2) of the Nursing Homes Support Scheme Act 2009 provides for the registration of charging orders as burdens in favour of the Health Service Executive (HSE) where ancillary state support has been made available to persons in respect of long term residential care. “Ancillary State Support” means monies advanced by the HSE by way of a loan. This Practice Direction encompasses the procedures to be followed where an application is made in paper or electronic form for the registration or cancellation of such orders.

1.2. Sections of the Act and Rules applicable

• The Nursing Homes Support Scheme Act 2009 [the 2009 Act]
• Nursing Homes Support Scheme (Making and Discharge of Orders) Regulations 2009 [the 2009 regulations]
• Land Registration Rules 2012: Rule 3 S.I. 483/2012
• Land Registration (Fees) Order 2012 S.I. 380/2012

2. Registration of Charging Orders

2.1. General
Nursing Homes Support Scheme Charging orders [NHSS orders] are made in Form 1 of the 2009 regulations. They may be made in electronic or paper form and must quote the relevant county and folio number and the name of the person(s) whose interest in the property is being charged. No query is to be raised if the name of the person(s) whose interest in the property is being charged is not the name of the registered owner(s) of the folio. A consent or declaration under the Family Home Protection Act 1976 is not to be called for. The fee payable for registering a NHSS charging order is €40 (Land Registration (Fees Order) 2012 S.I. no 380 of 2012). No check is to be made for payment of fees as this is dealt with by the Finance Unit. No query is to be raised in relation to stamp duty. An assent to the registration of the charging order is not required (see Rule 96(1)(d)(i) of the Land Registration Rules 2012). Where a charge in favour of a financial institution is lodged at the same time as the charging order, the financial institution charge may be registered first provided the consent of the HSE to such course has been lodged. Such consent may be indicated by way of covering letter. The date of registration is to be the date of lodgement of the order. The registration to be effected in respect of the charging order is as follows:

“Charge for such amount as may become payable under the terms of Instrument Number ….. The Health Service Executive is owner of this charge.”

2.2. Charging orders on part
NHSS charging orders on part of a folio are made in...