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Health and Personal Social Services (Northern Ireland) Order 1972
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Health and Personal Social Services (Northern Ireland) Order 1972, Section 99 is up to date with all changes known to be in force on or before 16 November 2024. 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.
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Changes and effects yet to be applied to Article 99:
- Instrument amended by 1995 c. 51 s.4 Sch. para.30
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 56(4C)(4D) substituted by S.I. 2002/3135 Sch. 1 para. 16 (This amendment has not been applied as it has been superceded by the substitution of art. 56 by 2004/311 NI 2 art. 3)
- art. 61-61E and art. 61F and cross-heading substituted for art. 61 by 2008 c. 2 (N.I.) s. 2(2) (This amending provision is itself amended (13.6.2016) before it comes into force by 2016 c. 26 (N.I.), ss. 9, 20(2))
- art. 98(3) added by 2008 c. 2 (N.I.) s. 4(1)
- art. 107(1A) inserted by 2008 c. 2 (N.I.) s. 4(4)(b)
[F1Charges in respect of accommodation provided by [F2HSC trust] under Article 15N.I.
99.—(1) Where a person is provided under Article 15 with accommodation in premises provided by [F3an HSC trust] , [F4the trust] shall recover from him the amount of the payment which he is liable to make in accordance with the following provisions of this Article.
(2) Subject to the following provisions of this Article, the payment which a person is liable to make for any such accommodation shall be in accordance with a standard rate determined by the Department for that accommodation F5....
[F6(2A) Different rates may be determined under paragraph (2) for (in particular)—
(a)different descriptions of accommodation;
(b)accommodation provided by different trusts.
(2B) The standard rate determined for accommodation provided by any trust must represent the full cost to the trust of providing that accommodation, other than any costs in respect of nursing care by a registered nurse (within the meaning given by Article 36(4A)) at that accommodation.]
(3) Subject to paragraph (4), where a person for whom such accommodation is provided, or proposed to be provided, satisfies [F7the trust] that he is unable to pay for the accommodation at the standard rate, [F7the trust] shall assess his ability to pay, and accordingly determine at what lower rate he shall be liable to pay for the accommodation.
(4) The liability of any person to pay for accommodation under this Article may be reduced by reason of any work which he performs and which assists materially in the management of the premises.
(5) Regulations may make provision for the assessment, for the purposes of paragraph (3), of a person's ability to pay.
(6) [F8An HSC trust] may, on each occasion when it provides accommodation mentioned in paragraph (1) for any person and irrespective of his means, limit to such amount as appears to [F9the trust] reasonable for him to pay the payments required from him for his accommodation during a period commencing when [F9the trust] began to provide the accommodation for him and ending not more than 8 weeks after that.]
F2Words in art. 99 heading substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 47(7); S.R. 2022/102, art. 2(b)
F3Words in art. 99(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 47(2)(a); S.R. 2022/102, art. 2(b)
F4Words in art. 99(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 47(2)(b); S.R. 2022/102, art. 2(b)
F5Words in art. 99(2) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 47(3); S.R. 2022/102, art. 2(b)
F6Art. 99(2A)(2B) inserted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 47(4); S.R. 2022/102, art. 2(b)
F7Words in art. 99(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 47(5); S.R. 2022/102, art. 2(b)
F8Words in art. 99(6) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 47(6)(a); S.R. 2022/102, art. 2(b)
F9Words in art. 99(6) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 47(6)(b); S.R. 2022/102, art. 2(b)
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