The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 No. 2996

PART 6 E+W Standing rules: NHS Continuing Healthcare and NHS funded nursing care

Persons in receipt of flat rate payments immediately before the relevant date E+W

29.—(1) Where, immediately before the relevant date, a Primary Care Trust was making a flat rate payment in respect of any person pursuant to the National Health Service (Nursing Care in Residential Accommodation) (England) Directions 2007 M1 , paragraph (2) applies.

(2) The relevant body which has responsibility for a person falling within paragraph (1) must F1 ... pay to a registered person for the relevant premises the flat rate payment in respect of the person falling within paragraph (1) F1 ... unless or until that person—

(a) has their need for nursing care assessed on or after the relevant date and it is determined that that person no longer has any need for nursing care;

(b) is no longer resident in the relevant premises;

(c) becomes eligible for NHS Continuing Healthcare pursuant to this Part; or

(d) dies.

Textual Amendments

F1 Words in reg. 29(2) omitted (1.10.2014) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) (No. 3) Regulations 2014 (S.I. 2014/1611), regs. 1(1), 3(3)

Marginal Citations

M1 The Directions can be found at www.dh.gov.uk/en/Publicationsandstatistics/Legislation/DH_078061.