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The Fair Deal Scheme in Ireland: Costs, the 3-Year Cap and the Nursing Home Loan

Independently fact-checkedBy Recording Law Editorial Team11 min read

Independently fact-checked against primary sources (last audited July 20, 2026). · 5 primary sources cited on this page. How we verify our legal content

The Fair Deal Scheme in Ireland: Costs, the 3-Year Cap and the Nursing Home Loan

Frequently Asked Questions

Will the HSE take my house if I go into a nursing home?

No. The home is included in the financial assessment at 7.5% per year for a maximum of 3 years, so at most 22.5% of its value counts towards your care costs. You can defer that part with the nursing home loan, which is repaid to Revenue after death, and you keep ownership throughout.

How much of my pension goes to Fair Deal?

80% of your assessable income after allowed deductions such as income tax, USC, health expenses and certain maintenance payments. Couples are assessed on half their combined income, so the partner in care effectively contributes 40%.

Can I rent out my house while I am in a nursing home?

Yes. Since 1 February 2024 you can apply to keep 100% of the rental income from your principal private residence. The tenancy must be registered with the RTB or exempt, and you need a Revenue notice of assessment. Rent from any other property is still assessed at 80%.

What is the nursing home loan under Fair Deal?

Formally called Ancillary State Support, it lets you defer the 7.5% property-based contribution instead of paying it as you go. The HSE places a charge on the property and the deferred amount is repaid to Revenue after your death. A surviving partner can apply to defer repayment for their lifetime.

What happens if I give away assets before applying for Fair Deal?

Assets or income you transferred in the 5 years before your application are still counted in the financial assessment. The look-back rule is designed to stop assets being moved simply to reduce the contribution.

Does the 3-year cap apply to farms and businesses?

It can. A family successor must commit to running the farm or business for at least 6 years, it must have been actively run by you, your partner or the successor for at least 3 of the last 5 years, and the HSE places a charge on the property. Since 23 September 2024 eligible successors include great-nephews, great-nieces, great-grandchildren, first cousins and a child, grandchild or great-grandchild of a first cousin.

Can someone apply for Fair Deal on my behalf?

Yes. If you cannot apply yourself, a specified person can apply for you. That can include a family member or an attorney acting under a registered enduring power of attorney.

Updates

Independently fact-checked against the cited primary sources

The list of relatives who can act as a family successor for the farm and business 3-year cap was widened to include great-nephews, great-nieces, great-grandchildren, first cousins and a child, grandchild or great-grandchild of a first cousin.

Applicants can now apply to keep 100% of the rental income from their principal private residence while in care. Before this date, 40% of that rental income was assessed and the resident kept 60%, a rule that itself only came in on 1 November 2022, when the share retained rose from 20% to 60%.

Sources and References

  1. Citizens Information: Fair Deal scheme (Nursing Homes Support Scheme)(citizensinformation.ie).gov
  2. HSE: Fair Deal scheme, financial assessment(hse.ie).gov
  3. HSE: About the Fair Deal scheme(hse.ie).gov
  4. Department of Health: Fair Deal assessment of rental income reduced from 80% to 40% (effective 1 November 2022)(gov.ie).gov
  5. Nursing Homes Support Scheme Act 2009, Part 3 (Ancillary State Support)(irishstatutebook.ie).gov
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