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10. The description of persons specified for the purposes of section 15(2)(a) of the Act (persons who are ineligible to receive direct payments) are persons to whom a local authority has decided to provide (or arrange for the provision of)—
(a)residential accommodation; or
(b)residential accommodation with nursing (under section 13A (residential accommodation with nursing) of the 1968 Act(1)),
for a period in excess of 4 consecutive weeks in any period of 12 months.
Section 13A was inserted by the National Health Service and Community Care Act 1990 (c.19), section 56 and amended by the Immigration and Asylum Act 1999 (c.33), section 120(2) and the Regulation of Care (Scotland) Act 2001 (asp 8), section 72 and schedule 3, paragraph 4.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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