Paragraph 12 Accommodation for residential care: supplementary provisions

(1)

For the purposes of Part 1 of this Schedule, accommodation for residential care is to include a dwelling which is occupied by—

(a)

a person who immediately before 19th May 1988 was licensed by a television licence for accommodation for residential care (“a licensee”); or

(b)

a person who immediately before that date was living with a licensee and who would, at that time, have qualified to be so licensed,

and which is publicly provided or managed.

(2)

A dwelling, which is situated in England, Wales, Scotland or Northern Ireland, shall not constitute accommodation for residential care by virtue of sub-paragraph (1) if every person occupying it who falls within paragraph (a) or (b) of that sub-paragraph is aged 75 years or more.

(3)

Sub-paragraph (1) does not apply in the Bailiwick of Jersey.