Paragraph 9

England and Wales

(1)

A person is an exempt individual on a particular day if at any time on the day one or each of the following paragraphs applies to him—

(a)

he has his sole or main residence in a residential care home, nursing home, mental nursing home or hostel, and he is receiving care or treatment (or both) in the home or hostel;

(b)

he is detained under Part II of the Mental Health Act 1983 in a mental nursing home.

(2)

F1A residential care home is—

(a)

an establishment in respect of which registration is required under Part I of the M1Registered Homes Act 1984 or would be so required but for section 1(4) or (5)(j) of that Act;

(b)

a building or part of a building in which residential accommodation is provided under section 21 of the M2National Assistance Act 1948 F2or paragraph 2(1)(a) of Schedule 8 to the M3National Health Service Act 1977; or

(c)

a building or part of a building in which residential accommodation is provided and which is run by the Abbeyfield Society, including all bodies corporate or unincorporate which are affiliated to that Society.

(3)

A nursing home is anything which is a nursing home within the meaning of the Registered Homes Act 1984 or would be but for section 21(3)(a) of that Act.

(4)

A hostel is anything which falls within any definition of hostel for the time being prescribed by order made by the Secretary of State under this sub-paragraph.

(5)

A mental nursing home is anything which is a mental nursing home within the meaning of the Registered Homes Act 1984.

(6)

The Secretary of State may by order substitute another definition for any definition of a residential care home, nursing home or mental nursing home for the time being effective for the purposes of this paragraph.

Annotations

Textual amendments

F1: Definition substituted by S.I. 1989/442, art. 4(4)(5)
F2: Words repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

Marginal citations

M1: 1984 c. 23(113:3).
M2: 1948 c. 29(81:3).
M3: 1977 c. 49(113:2).

Notes on Schedule 1

Textual amendments

F1: Sch. 1 repealed (6.3.1992) by 1992 c. 14, s. 117(2), Sch.14 (with s. 118(1)-(4)); Sch. 1 further amended: (6.3.1992) by 1992 c. 14, s. 101(1) (with s. 118(1)(2)(4)); (1.4.1992) by S.I. 1992/494, art. 2(a)(b); (1.7.1992) by 1992 c. 6, s. 4, Sch. 2 para. 98.