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The Social Security (Care Homes and Independent Hospitals) Regulations 2005
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There are currently no known outstanding effects for the The Social Security (Care Homes and Independent Hospitals) Regulations 2005, Paragraph 3.
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3. In regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household)—
(a)in paragraph (3)(e) for “in residential accommodation or a residential care home or a residential nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ”;
(b)in paragraph (5)(b) M1 omit “provided under any of the provisions referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3)”;
(c)in paragraph (8) before sub-paragraph (a) insert—
“(za)“accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—
(i)under sections 21 to 24 of the National Assistance Act 1948 M2 (provision of accommodation),
(ii)in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 M3 (provision of residential or other establishment), or
(iii)under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 M4 (care and support services etc.),
where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;”.
Marginal Citations
M1Relevant amending instruments are S.I. 1988/663, 1989/534 and 1996/206.
M42003 asp.13.
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