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4.—(1) Where a person receiving care and his carer occupy living accommodation in the same building or part of a building, they are to be regarded as forming a single household for the purposes of section 254 of the Act if—
(a)the carer is an adult placement carer approved under the Adult Placement Schemes (England) Regulations 2004(1); and
(b)the carer provides care in that living accommodation for not more than three service users under the terms of a scheme permitted by those Regulations.
(2) Where a person and his foster parent occupy living accommodation in the same building or part of a building, they are to be regarded as forming a single household for the purposes of section 254 of the Act if that person is placed with the foster parent under the provisions of the Fostering Services Regulations 2002(2).
(3) The terms “adult placement carer”(3) and “service users”(4) have the meanings given to those expressions in the regulations referred to in paragraph (1)(a).
In regulation 2 of the Adult Placement Schemes (England) Regulations 2004 “adult placement carer” means a person who, under the terms of a carer agreement entered into with a person who carries on an adult placement scheme, provides, or intends to provide, care or support (which may include accommodation in the carer’s home) for service users.
In regulation 2 of the Adult Placement Schemes (England) Regulations 2004 “service user” in relation to a scheme, means an adult who may be or is placed by the scheme. A “scheme” is an adult placement scheme carried on by a person who is registered under Part 2 of the Care Standards Act 2000 (2000 c. 14) to carry on the scheme.
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