SCHEDULE 1
Patients in homes
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.