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Transitional provision relating to ordinary residence for certain purposes relating to social care
This section has no associated Explanatory Memorandum
12.—(1) The amendments made to section 24 of the National Assistance Act 1948() (authority liable for provision of accommodation) by section 148(1) of the 2008 Act do not have effect in relation to a person for whom non-hospital NHS accommodation is being provided immediately before the appointed day, for as long as the provision of that accommodation continues.
(2) For these purposes, “non-hospital NHS accommodation” is NHS accommodation that is elsewhere than at a hospital vested in—
(a)the Secretary of State;
(b)a Primary Care Trust;
(c)a Local Health Board;
(d)a National Health Service trust; or
(e)an NHS foundation trust.
(3) The amendments made to section 2 of the Chronically Sick and Disabled Persons Act 1970() (provision of welfare services) by section 148(3) of the 2008 Act do not have effect in relation to a question arising under that section 2 as to a person’s ordinary residence in a case where, on the appointed day, that question is the subject of court proceedings.
(4) In this article—
“appointed day” means the day appointed under article 11; and
“NHS accommodation” has the meaning given by section 24(6A) of the National Assistance Act 1948().
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