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Guide· 6 min read

Fair Deal for couples and joint applications

Fair Deal recognises that most older people in Ireland live as part of a couple, and that the financial assessment has to leave the partner staying at home with enough to live on. Here's how the rules treat couples, what gets split, and what each person has to sign.

Who counts as a couple?

  • Married couples.
  • Civil partners registered under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.
  • Qualifying cohabitants — couples (same-sex or opposite-sex) who have lived together as a couple for at least 3 years, or 2 years if there is a child of the relationship.

Each partner's situation is asked separately on Part 1 of the form. The wizard hides spouse-only fields if you say you are single, widowed, separated, or divorced.

The income split

For a couple, the HSE assesses half of the joint household income. That means the formula effectively becomes 40% of joint income (because 80% of half is 40%). Each partner declares their own income separately on the form, and the wizard captures both columns automatically when you indicate a spouse / partner.

If only one partner is going into care, the partner staying at home is guaranteed at least 50% of joint income — the assessment cannot reduce their share below this level.

The asset disregard doubles

Single applicants get a €36,000 asset disregard. Couples get €72,000 combined. Anything above the disregard is split in half before the 7.5% is applied — so each partner is effectively assessed at 3.75% of the joint balance per year above the threshold.

The home — jointly owned or in one name?

It does not matter whose name is on the title. If the home was your principal residence immediately before going into care, it qualifies for the 3-year cap. After year 3 the home drops out of assessment entirely, regardless of who owns it.

If the home is jointly owned — with the spouse / partner, an adult child, or any other person — and you take the Nursing Home Loan, every joint owner has to consent in writing in Part 5B. The wizard captures their names automatically and prints a red "Sign here" marker on the printed form so each person knows where to sign.

If the partner staying at home does not have capacity

Couples sometimes face the situation where both partners' capacity is in question. The application can still proceed — Part 4B is signed by a "specified person" with appropriate legal authority (Enduring Power of Attorney, Decision-Making Representative appointed by Court Order, or other recognised authority). The wizard tracks which scenarios trigger the specified-person path and prompts for the supporting evidence.

What each partner signs

On the printed form you will see "Sign here" markers in red ink at every signature line. For couples, each partner physically signs:

  • Part 4 — State Support application (the applicant signs the self declaration; the spouse signs only if applying as a "specified person").
  • Part 5B — Joint owner consent if you take the Nursing Home Loan and the partner is a joint owner.
  • Part 6B — Charge over farm/business if you applied for the 3-year cap on a farm or relevant business.
  • Part 6C — Joint owner consent for the farm or business if a partner is a joint owner of that asset.
  • Part 7 — Co-decision-making if either partner has a registered co-decision-making agreement under the Assisted Decision-Making (Capacity) Act.

What stays with the partner at home

The partner not in care keeps their own income (subject only to their share of joint income being assessed at 50%), retains use of the home, and is left with at least 50% of joint income for ordinary living costs. The asset disregard is structured so that modest cash savings stay outside the calculation.

Many couples worry that one partner entering care will leave the other unable to manage. The 50% income floor and the €72,000 asset disregard exist precisely so that doesn't happen.

If you separate or divorce after applying

Tell the local Nursing Homes Support Office. The household assessment changes — the applicant becomes a single applicant, the income split no longer applies, and the asset disregard reverts to €36,000. The HSE will reassess from the date of the change.

Both partners pay tax. Allowable deductions like income tax, USC, and PRSI are subtracted from each partner's income individually before the 50% split. The wizard prompts for both columns where applicable so nothing is lost.

Skip the paperwork

The wizard turns the 40-page HSE Fair Deal form into a guided online questionnaire. €89 once-off (incl. VAT). Edit unlimited times, AI Health Check, supporting documents bundled in one ZIP.

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Related guides

General information only. For your specific circumstances, talk to the local HSE Nursing Homes Support Office or a qualified adviser.