Home Care Package Agreement (Ireland)

A Home Care Package Agreement in Ireland sets the services to be provided, the fees, the timetable, and each side's responsibilities for the engagement, and is shaped by the Health Act 1970.

Home care services in Ireland encompass a broad range of support — from practical domestic assistance (cleaning, laundry, meal preparation) and personal care (washing, dressing, bathing, continence care) to more complex clinical care (wound management, medication administration by qualified nurses, post-hospital rehabilitation support). The nature and complexity of the care required will determine the qualifications needed by the carer and the regulatory framework that applies.

The statutory basis for publicly funded home care in Ireland is section 61 of the Health Act 1970 (as amended), which empowers the HSE to provide home help and support services to persons with medical, surgical, or other health needs. However, the Health Act 1970 does not create a statutory entitlement to home support — provision is discretionary and subject to available resources and assessed need. This absence of a statutory entitlement is one of the key drivers behind the current legislative reform process.

The most significant recent development in the regulation of home care in Ireland is the publication of the General Scheme of the Health (Amendment) (Licensing of Professional Home Support Providers) Bill 2024, which proposes to introduce a statutory licensing regime requiring all professional home support providers (public, private, and voluntary) to hold a licence from HIQA. Simultaneously, HIQA published Draft National Standards for Home Support Services in November 2024, establishing for the first time thorough quality and safety standards specifically designed for home support services. Draft Regulations for Providers of Home Support Services have also been developed by the Department of Health.

For carers employed directly by the care recipient (rather than through an agency or provider), the arrangement may constitute an employment relationship, with all corresponding obligations under the Employment Equality Acts 1998–2015, the National Minimum Wage Act 2000 (minimum wage currently €14.15 per hour from 1 January 2026), the Organisation of Working Time Act 1997, and the Sick Leave Act 2022. The Garda vetting obligations under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 apply to carers working with vulnerable adults, as confirmed by the National Vetting Bureau Guidelines for the Health Sector.

A Home Care Package Agreement is needed whenever a person in Ireland is receiving or arranging home care services — whether funded by the HSE, by a private insurer, or paid for directly — to confirm clarity about the care being provided, to protect the rights and dignity of the care recipient, and to define the obligations and limitations of the care provider.

You need a home care package agreement when an older person or a person with a disability is being discharged from hospital and requires a package of home support to enable them to return safely to their own home. In these circumstances, the HSE's Home Support Liaison Service will typically coordinate the arrangement and the agreement should reflect the care plan prepared by the hospital discharge team and the HSE community care assessment.

You need a home care package agreement when a family is engaging a private home care agency or an individual carer to supplement HSE-funded home support hours or to provide care on a fully private-paying basis. The agreement should clearly specify the care tasks, schedule, fees (including any additional charges for weekends, bank holidays, or emergency cover), and the agency's obligations regarding carer continuity, vetting, training, and supervision.

You need a home care package agreement when a family is directly employing a home carer — making the care recipient (or their family) the employer. In this case, the agreement is effectively an employment contract and must comply with the full range of Irish employment law, including minimum wage, working time, leave entitlements, and the employer's PAYE/PRSI obligations.

You need a home care package agreement when care is being provided under a package funded by a personal injury settlement, a long-term care insurance policy, or a court order. In these circumstances, the agreement needs to be consistent with the funding arrangement and the care plan specified by the relevant body.

You need a home care package agreement when the care recipient has fluctuating capacity, to confirm that advance care preferences and decisions made while the person had capacity are documented, respected, and communicated to carers — consistent with the Assisted Decision-Making (Capacity) Act 2015 and the HSE's National Consent Policy.

A thorough Irish Home Care Package Agreement should address the following key provisions.

The parties clause identifies the care provider (full legal name, address, HIQA registration number if applicable, HSE provider code if relevant) and the care recipient (full name, address, date of birth, PPS number, emergency contact, GP details, and next-of-kin contact). Where the care recipient lacks capacity, it should also identify their legal representative under the Assisted Decision-Making (Capacity) Act 2015.

The care plan clause describes the specific care tasks to be performed at each visit, distinguishing between personal care tasks, domestic support tasks, and any clinical care tasks (requiring qualified nursing staff). The care plan should reference the HSE needs assessment or the independent care assessment that informed the agreed package.

The service schedule clause specifies the days and times of care visits, the duration of each visit, the total weekly care hours, and the procedure for scheduling changes, cancellations, and emergency cover.

The care team clause identifies the assigned carer(s), confirms that all carers have satisfactory Garda vetting disclosures from the National Vetting Bureau under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016, and specifies the qualifications and training of the carers assigned (FETAC/QQI Level 5 in Healthcare Support or equivalent).

The fees and payment clause (for private arrangements) specifies the hourly rate, the billing cycle, accepted payment methods, the charges for weekend and public holiday cover, and the cancellation policy — including the minimum notice required to cancel a visit without charge.

The client rights clause confirms the care recipient's right to dignity and respect, to refuse or change care, to make a complaint, to access their own care records, and to change provider on reasonable notice — consistent with the HIQA Draft National Standards for Home Support Services (November 2024).

The data protection clause addresses the collection and processing of the client's personal and health data under GDPR (EU Regulation 2016/679) and the Data Protection Act 2018, including the purpose limitation, security measures, retention period, and the client's data subject rights.

The health and safety clause addresses manual handling protocols, infection control procedures, lone worker safety, and the provider's obligation to conduct a risk assessment of the client's home environment under the Safety, Health and Welfare at Work Act 2005 before care commences. The forms-legal.com Home Care Package Agreement (Ireland) template covers the mandatory elements under Sale of Goods and Supply of Services Act 1980.

Additional compliance elements for a Home Care Package Agreement (Ireland) used in Ireland include: Data Protection — the Data Protection Act 2018 and GDPR Article 6 require a lawful basis for processing personal data; Governing Law — specify Irish law and the jurisdiction of Irish courts; Dispute Resolution — parties may refer disputes to the Workplace Relations Commission (WRC) for employment matters or initiate proceedings in the Circuit Court or High Court of Ireland for civil claims. Under Irish law, the Data Protection Act 2018 and GDPR Article 6 govern personal data in this document. The Consumer Rights Act 2022 protects individuals in consumer transactions. Section 67 of the Land and Conveyancing Law Reform Act 2009 applies to personal property matters. The Circuit Court and District Court have jurisdiction over personal disputes under the Courts (Supplemental Provisions) Act 1961. The Commissioners of Irish Lights and Revenue Commissioners may have compliance roles depending on the transaction type. Revenue Commissioners require appropriate tax treatment of payments made under the agreement, including VAT under the Value-Added Tax Consolidation Act 2010 where applicable.