{
  "url": "https://openlegislation.uk/local-government-finance-act-1988/schedule-1/paragraph-9",
  "json_url": "https://openlegislation.uk/local-government-finance-act-1988/schedule-1/paragraph-9.json",
  "legislation": "ukpga/1988/41",
  "legislation_title": "Local Government Finance Act 1988",
  "legislation_url": "https://openlegislation.uk/local-government-finance-act-1988",
  "path": "schedule/1/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": null,
  "text": "(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—\n(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;\n(b) he is detained under Part II of the Mental Health Act 1983 in a mental nursing home.\n(2) A residential care home is—\n(a) an establishment in respect of which registration is required under Part I of the Registered Homes Act 1984 or would be so required but for section 1(4) or (5)(j) of that Act;\n(b) a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948 or paragraph 2(1)(a) of Schedule 8 to the National Health Service Act 1977; or\n(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.\n(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.\n(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.\n(5) A mental nursing home is anything which is a mental nursing home within the meaning of the Registered Homes Act 1984.\n(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.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Definition substituted by S.I. 1989/442, art. 4(4)(5)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1984 c. 23(113:3)."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1948 c. 29(81:3)."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "1977 c. 49(113:2)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1988/41/schedule/1/paragraph/9",
    "retrieved_at": "2026-10-29T09:47:47.629286+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."
}