The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002

1.  In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) for the definitions of “nursing home” and “residential care home”(1) there shall be substituted the following definitions—

• ““nursing home” means—

  (a)

  any premises registered under Part III of the Registered Homes Order; or

  (b)

  any premises used for the reception of such persons or the provision of such nursing or services as is mentioned in Article 16 of the Registered Homes Order and which are maintained or controlled by any body of persons constituted by a statutory provision or incorporated by Royal Charter;”;

• “residential care home” means an establishment—

  (a)

  which is required to be registered under Part II of the Registered Homes Order and is so registered;

  (b)

  run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

  (c)

  which provides residential accommodation with both board and personal care and is managed or provided by a body incorporated by Royal Charter or constituted by a statutory provision (other than a Health and Social Services Board or an HSS trust); or

  (d)

  which is exempt from registration under Part II of the Registered Homes Order pursuant to Article 4(4)(a) of that Order (requirement of registration) because one or more of the residents are treated as relatives pursuant to Article 2(6) of that Order,

  and in paragraph (c) “personal care” means personal care for persons in need of personal care by reason of old age and infirmity, disablement, past or present dependence on alcohol or drugs or past or present mental disorder;”;

  (ii)

  in the definition of “residential accommodation”(2), “regulation 19 and” shall be omitted;

  (iii)

  the definition of “preserved right”(3) shall be omitted;

  (b)

  after paragraph (1) there shall be inserted the following paragraph—

  “(1A) For the purposes of these Regulations, where a person’s principal place of residence is a residential care home or a nursing home and he is temporarily absent from that home, he shall be regarded as continuing to reside in that home—

  (a) where he is absent because he is a patient, for the first 6 weeks of any such period of absence and for this purpose—

  (i) “patient” has the meaning it has in Schedule 7 by virtue of regulation 21(3), and

  (ii) periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods, and

  (b) for the first 3 weeks of any other period of absence.”.

(1)

The definition of “residential care home” was inserted by regulation 2(2)(d) of S.R. 1993 No. 149

(2)

The definition of “residential accommodation” was substituted by regulation 2(c) of S.R. 1988 No. 318 and amended by paragraph 1 of Schedule 1 to S.R. 1989 No. 139

(3)

The definition of “preserved right” was inserted by regulation 2(2)(c) of S.R. 1993 No. 149