PART 8Effect of time spent in care homes, hospital and legal detention

Exception: HospicesI129

1

Regulations 27(2) and 28(2) do not apply where the individual is residing in a hospice and has a terminal illness.

2

In this regulation, “hospice” means a hospital or other institution whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages, other than—

a

a health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 197852) in Scotland,

b

a health service hospital (within the meaning of section 275(1) of the National Health Service Act 200653) in England,

c

a hospital in Wales vested in—

i

an NHS trust,

ii

a Local Health Board, or

iii

the Welsh Ministers,

for the purpose of functions under the National Health Service (Wales) Act 200654,

d

a hospital maintained or administered by the Defence Council, or

e

an institution similar to a hospital mentioned in any of the preceding sub-paragraphs.

3

In this regulation—

  • “NHS trust” means a body established under section 18 of the National Health Service (Wales) Act 2006, and

  • “Local Health Board” means a body established under section 11 of that Act.