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.