SCHEDULES
SCHEDULE 1 Persons Disregarded for Purposes of Discount
Patients in homes in Scotland
8
1
A person shall be disregarded for the purposes of discount on a particular day if on the day—
F1a
either—
i
he has as his sole or main residence a private hospital in Scotland; or
ii
a care home service provides, in Scotland, accommodation which is his sole or main residence; and
b
he is receiving care or treatment (or both) in the hospital or in the accommodation so provided.
2
In this paragraph—
F2“care home service” has the same meaning as in the Regulation of Care (Scotland) Act 2001 (asp 8); and
F3“hostel” means 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;
F4“nursing home” means—
- a
a nursing home within the meaning of section 10(2) of the M1Nursing Homes Registration (Scotland) Act 1938 in respect of which a person is registered; or
- b
any premises in respect of which an exemption has been granted under section 6 or 7 of that Act;
- a
“private hospital” means a private hospital within the meaning of section 12 (registration of private hospitals) of the M3Mental Health (Scotland) Act 1984;
F5“residential care home” means—
- a
a residential establishment provided and maintained by a local authority in respect of their functions under section 13B (provision of care and after-care) of the M2Social Work (Scotland) Act 1968; or
- b
a residential establishment to which Part IV of the said Act of 1968 applies; or
- c
residential accommodation provided and maintained by a local authority under section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,
where the sole or main function of the establishment or accommodation is to provide personal care or support, combined with board, to persons who are solely or mainly resident in the establishment or accommodation.
- a
F63
In the definition of “residential care home” in sub-paragraph (2) above—
“personal care” includes the provision of appropriate help with physical and social needs; and
“support” means counselling or other help provided as part of a planned programme of care.