Paragraph 7

England, Wales and Scotland

(1)

A person shall be disregarded for the purposes of discount on a particular day if on the day—

(a)

he has his sole or main residence in a F1care home, independent hospital or hostel in England and Wales; and

(b)

he is receiving care or treatment (or both) in the home F2, hospital or hostel.

F3(2)

In this paragraph—

“care home” means—
1. (a)
  a care home within the meaning of the Care Standards Act 2000; or
2. (b)
  F4a building or part of a building in which accommodation is provided for an adult under Part 4 of the Social Services and Well-being (Wales) Act 2014; F5or
3. (c)
  a building or part of a building in which accommodation is provided under Part 1 of the Care Act 2014;
“hostel” means 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;
F6“independent hospital”—
1. (a)
  in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
2. (b)
  in relation to Wales, has the same meaning as in the Care Standards Act 2000.

(3)

The Secretary of State may by order substitute another definition for any definition of F7“care home” or “independent hospital” for the time being effective for the purposes of this paragraph.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 7(1)(a) substituted (1.4.2002 for E.W.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 20(a); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 of that S.I. and art. 4 of S.I. 2002/1493 by virtue of S.I. 2001/4150, art. 3(2) as amended by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(d) (subject to art. 3(4)-(10), Schs. 1-3)
F2: Word in Sch. 1 para. 7(1)(b) inserted (1.4.2002 for E.W.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 20(b); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 of that S.I. and art. 4 of S.I. 2002/1493 by virtue of S.I. 2001/4150, art. 3(2) as amended by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(d) (subject to art. 3(4)-(10), Schs. 1-3)
F3: Sch. 1 para. 7(2) substituted (1.4.2002 for E.W.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 20(c); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 of that S.I. and art. 4 of S.I. 2002/1493 by virtue of S.I. 2001/4150, art. 3(2) as amended by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(d) (subject to art. 3(4)-(10), Schs. 1-3)
F4: Words in Sch. 1 para. 7(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 141(b)
F5: Words in Sch. 1 para. 7(2) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 55 (with arts. 1(3), 3)
F6: Words in Sch. 1 para. 7(2) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 9
F7: Words in Sch. 1 para. 7(3) substituted (1.4.2002 for E.W.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 20(d); S.I. 2001/4150, art. 3(3)(a) (subject to art. 4 of that S.I. and art. 4 of S.I. 2002/1493 by virtue of S.I. 2001/4150, art. 3(2) as amended by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(d) (subject to art. 3(4)-(10), Schs. 1-3)

Notes on Schedule 1

Textual amendments

F1: Word in Sch. 1 heading inserted (1.4.2026) by Local Government Finance (Wales) Act 2024 (asc 6), ss. 18(11)(a), 23(7); W.S.I. 2026/14, art. 2