Section 19 Meaning of “relative”.

England and Wales

(1)

In this Part of this Act “relative” means any of the following—

(a)

husband or wife;

(b)

son or daughter;

(c)

father or mother;

(d)

brother or sister;

(e)

grandparent or other ascendent;

(f)

grandchild or other descendant;

(g)

uncle or aunt;

(h)

nephew or niece;

(2)

In deducing any relationship for the purposes of subsection (1) above—

(a)

any relationship by affinity shall be treated as a relationship by consanguinity, any relationship of the half-blood as a relationship of the whole blood, and the stepchild of any person as his child; and

(b)

an illegitimate person shall be treated as the legitimate child of his mother and reputed father.

(3)

In this section “husband” and “wife” include a person who is living with a person carrying on or intending to carry on a residential care home as that person’s husband or wife, as the case may be, and who has been so living for a period of not less than 6 months.

(4)

A person, other than a relative, with whom a person carrying on or intending to carry on a residential care home ordinarily resides, and with whom that person has been ordinarily residing for a period of not less than 5 years, shall be treated for the purposes of this Part of this Act as if he were a relative.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.4.2002) by Care Standards Act 2000 (c. 14), s. 117(2), Sch. 6; S.I. 2001/3852, art. 3(7)(j) (subject to art. 2, Sch. 1 (as amended: (27.3.2002) by S.I. 2002/1493, art. 5; (31.5.2002) by S.I. 2002/1790, art. 2; (8.12.2005) by S.I. 2005/3397, art. 2)); S.I. 2002/920, art. 3(3)(g) (subject to art. 3(5)-(10) and with art. 2, Schs. 1-3)

Notes on Part I

Modifications

C1: Pt. I (ss. 1-20) modified (1.4.1993) by Registered Homes (Amendment) Act 1991 (c. 20, SIF 113:3), s. 2(3); S.I. 1992/2240, art.2