9(1)A person is an exempt individual on a particular day if at any time on the day one or each of the following paragraphs applies to him—
(a)he has his sole or main residence in a residential care home, nursing home, mental nursing home or hostel, and he is receiving care or treatment (or both) in the home or hostel;
(b)he is detained under Part II of the Mental Health Act 1983 in a mental nursing home.
(2)[F1A residential care home is—
(a)an establishment in respect of which registration is required under Part I of the M1Registered Homes Act 1984 or would be so required but for section 1(4) or (5)(j) of that Act;
(b)a building or part of a building in which residential accommodation is provided under section 21 of the M2National Assistance Act 1948 [F2or paragraph 2(1)(a) of Schedule 8 to the M3National Health Service Act 1977]; or
(c)a building or part of a building in which residential accommodation is provided and which is run by the Abbeyfield Society, including all bodies corporate or unincorporate which are affiliated to that Society.]
(3)A nursing home is anything which is a nursing home within the meaning of the Registered Homes Act 1984 or would be but for section 21(3)(a) of that Act.
(4)A hostel is anything which falls within any definition of hostel for the time being prescribed by order made by the Secretary of State under this sub-paragraph.
(5)A mental nursing home is anything which is a mental nursing home within the meaning of the Registered Homes Act 1984.
(6)The Secretary of State may by order substitute another definition for any definition of a residential care home, nursing home or mental nursing home for the time being effective for the purposes of this paragraph.
Textual Amendments
F1Definition substituted by S.I. 1989/442, art. 4(4)(5)
F2Words repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10
Marginal Citations
M11984 c. 23(113:3).
M21948 c. 29(81:3).
M31977 c. 49(113:2).