{
  "url": "https://openlegislation.uk/draft-disability-assistance-for-older-people-scotland-regulations-2024/regulation-23",
  "json_url": "https://openlegislation.uk/draft-disability-assistance-for-older-people-scotland-regulations-2024/regulation-23.json",
  "legislation": "sdsi/2024/9780111059852",
  "legislation_title": "The Disability Assistance for Older People (Scotland) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/draft-disability-assistance-for-older-people-scotland-regulations-2024",
  "path": "regulation/23",
  "kind": "regulation",
  "number": "23",
  "heading": "Calculation of periods of time spent in a care home, hospital or legal detention",
  "text": "(1) Subject to paragraphs (3) to (6), a period during which an individual is—\n(a) resident in a care home for the purpose of regulation 19,\n(b) an in-patient in hospital or similar institution for the purpose of regulation 20,\n(c) in legal detention for the purpose of regulation 22, or\n(d) resident in a care home, an in-patient in a hospital or similar institution, or in legal detention for the purposes of regulation 24,\nis to be determined in accordance with this regulation.\n(2) Such a period is to be taken to—\n(a) begin on the day after the day on which the individual enters the place, and\n(b) end on the day before the day on which the individual leaves the place.\n(3) Where an individual takes a period of leave from a place mentioned in paragraph (1), the days on which the individual begins and returns from leave are not to be counted as days of residence in that place.\n(4) Days constituting a period of leave are not to be counted as days of residence in a place.\n(5) Where an individual enters a place (“the second place”) under paragraph (1) as a result of transfer from another place (“the first place”) under that paragraph—\n(a) the day of transfer is to be counted as a day of residence in the second place,\n(b) for the purposes of calculating when the individual has been in the second place for 28 days for the purposes of regulations 19(2), 20(2) and 22(3)—\n(i) the days that they were resident in the first place are to be treated as days of residence in the second place,\n(ii) if they were resident in the first place for more than 28 days, the individual is to be treated as though they have been resident in the second place for 28 days on the day before the day of transfer, and\n(c) the period of residence in the first place is deemed to end on the day on which the period of residence in the second place ends.\n(6) For the purposes of this regulation, “days of residence” means days—\n(a) resident in a care home in terms of regulation 19 or 24,\n(b) as an in-patient in hospital or similar institution in terms of regulation 20 or 24, and\n(c) in legal detention in terms of regulation 22 or 24.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2024/9780111059852/regulation/23",
    "retrieved_at": "2026-10-30T15:29:18.588562+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}