PART 5Effect of time spent in care homes and in legal detention

Calculation of periods of time spent in a care home or in legal detentionI119

1

Subject to paragraphs (2) and (3), a period during which an individual is resident in a care home for the purpose of regulation 17 or in legal detention for the purpose of regulation 18 is to be taken to—

a

begin on the day after the day on which the individual enters the care home or legal detention, and

b

end on the day before the day on which the individual leaves the care home or legal detention.

2

Where an individual who is resident in a care home takes a period of leave from the home, the days on which the individual begins and returns from leave are not to be counted as days of residence in the home.

3

Days constituting a period of leave are not to be counted as days of residence in a care home.

4

Where an individual enters or returns to a care home as a result of a transfer from a hospital or a hospice, or from another care home, the day of transfer is to be counted as a day of residence in a care home.

5

Where an individual enters legal detention as a result of a transfer from a hospital or a hospice, or from a care home, the day of transfer is to be counted as a day in legal detention.