6A

Where the relevant body consents to the arrangement by a local authority, in accordance with section 22(4) and, where applicable, sections 22(5) and 22(9) of the Care Act 20144, for the provision of nursing care in accommodation arranged by the local authority in Northern Ireland or Scotland, the relevant body must pay to the relevant provider in respect of the person receiving nursing care—

a

£100 per week, where nursing care is provided in accommodation in Northern Ireland, or

b

£78 per week, where nursing care is provided in accommodation in Scotland,

unless or until paragraph (6B) applies.

6B

This paragraph applies where a person receiving nursing care in accommodation in Northern Ireland or Scotland—

a

has their need for nursing care assessed and it is determined that that person no longer has any need for nursing care;

b

is no longer resident in that accommodation;

c

becomes eligible for NHS Continuing Healthcare pursuant to this Part; or

d

dies.

6C

In paragraphs (6A) and (6B)—

• “accommodation” means—

  1. a

     in relation to Northern Ireland, residential or other accommodation in Northern Ireland of a type which may be provided under article 15 of the Health and Personal Social Services (Northern Ireland) Order 19725 and includes a nursing home within the meaning of article 11 of the Health and Personal Social Services (Quality Improvement and Regulation) (Northern Ireland) Order 20036;

  2. b

     in relation to Scotland, residential accommodation in Scotland of a type which may be provided under or by virtue of section 127 or 13A8 of the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 20039;

• “local authority” has the same meaning as in section 1(4) of the Care Act 201410; and

• “relevant provider” means—

  1. a

     in relation to Northern Ireland, the person registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 200311 in respect of that accommodation;

  2. b

     in relation to Scotland, the person who provides in respect of that accommodation a care service registered under section 59 of the Public Services Reform (Scotland) Act 201012.