The Care Act 2014 (Transitional Provision) Order 2015

Transitional provision relating to where a person’s ordinary residence is

6.—(1) Any person who, immediately before the relevant date in relation to that person, is deemed to be ordinarily resident in a local authority’s area by virtue of section 24(5) or (6) of the 1948 Act (authority liable for provision of accommodation) is, on that date, to be treated as ordinarily resident in that area for the purposes of Part 1 of the Act.

(2) Section 39 of the Act (where a person’s ordinary residence is) does not have effect in relation to a person who, immediately before the relevant date in relation to that person, is being provided with—

(a) non-hospital NHS accommodation (within the meaning of article 12 of the Health and Social Care Act 2008 (Commencement No. 15, Consequential Amendments and Transitional and Savings Provisions) Order 2010(1)) which has been provided since immediately before 19th April 2010;

(b) shared lives scheme accommodation (within the meaning of regulation 4 of the Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 2014(2)) (“the 2014 Regulations”); or

(c) supported living accommodation (within the meaning of regulation 5 of the 2014 Regulations),

for as long as the provision of that accommodation continues.

(1)

S.I. 2010/708.

(2)

S.I. 2014/2828.