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Mental Capacity Act (Northern Ireland) 2016

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Changes over time for: Section 304

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Point in time view as at 02/12/2019.

Changes to legislation:

Mental Capacity Act (Northern Ireland) 2016, Section 304 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Persons “unconnected with” a personN.I.

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304—(1) For the purposes of this Act a person (“B”) is “unconnected with” another person (“A”) unless—

(a)B receives any payments made on account of A's maintenance, or has an interest in the receipt of any such payments;

(b)B is A's spouse, civil partner, parent, child, brother, sister, mother-in law, father-in law, son-in-law, daughter-in-law, sister-in-law or brother-in-law;

(c)B is living with A as if he or she were A's spouse or civil partner and has been so living for a period of at least 6 months;

(d)B is someone with whom A lives and has been living for a period of at least 5 years; or

(e)A is living in a relevant place and, at the time when A started living in the relevant place—

(i)B had been living with A as if he or she were A's spouse or civil partner for a period of at least 6 months; or

(ii)B was a person with whom A had been living for a period of at least 5 years.

(2) In subsection (1)(e) “relevant place” means—

(a)a hospital;

(b)a care home; or

(c)a place of a prescribed description.

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