Amendment of regulation 19 of the General Regulations5.
In regulation 19 of the General Regulations (applicable amounts for persons in residential care and nursing homes)–
(a)
in paragraph (1A) after the reference “paragraph (1)(b)” there shall be inserted the reference “and Schedule 4”;
(b)
after paragraph (4) there shall be added the following paragraph–
“(5)
Notwithstanding the foregoing paragraphs of this regulation, where–
(a)
a person has been registered under the Registered Homes Act 19847 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and(b)
an application for registration under that Act has been made by another person and that application has not been determined or abandoned,
the applicable amount of a person resident in those premises shall be determined under Schedule 4 as if the most recent registration under the Registered Homes Act 1984 in respect of those premises continued until the day on which the application is determined or abandoned.”.