The Residential Accommodation (Relevant Premises, Ordinary Residence and Exemptions) Regulations 1993

These Regulations may be cited as the Residential Accommodation (Relevant Premises, Ordinary Residence and Exemptions) Regulations 1993 and shall come into force on 1st April 1993.

In these Regulations, unless the context otherwise requires–

• “the Income Support Regulations” means the Income Support (General) Regulations 1987^f1;

• “the 1948 Act” means the National Assistance Act 1948;

• “the 1968 Act” means the Social Work (Scotland) Act 1968;

• “nursing home” has the meaning prescribed in regulation 19(3) of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes);

• “preserved right” means a preserved right for the purposes of regulation 19 of the Income Support Regulations^f2;

• “residential care home” has the meaning prescribed in regulation 19(3) of the Income Support Regulations^f3;

• “temporarily absent” means absent for a period which does not exceed–

  1. (a)

     unless throughout the period of absence the person was a patient–

     1. (i)

        4 weeks, where he was before his absence a temporary resident in relevant premises,

     2. (ii)

        13 weeks, where he was before his absence a permanent resident in relevant premises;

  2. (b)

     52 weeks, where throughout the period of absence the person was a patient, and for these purposes a “patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975^f4, and “permanent resident” and “temporary resident” have the same meanings as in regulation 19 of the Income Support Regulations;

• “unavailable premises” means–

  1. (a)

     in relation to any premises from which a person has been evicted, those premises;

  2. (b)

     in relation to premises from which a person is temporarily absent and to which he will not be allowed to return, those premises;

  3. (c)

     in relation to premises in respect of which a person has been served with a notice to quit, those premises.

In these Regulations, unless the context otherwise requires, a reference–

In section 26A(1) of the 1948 Act (exclusion of powers to provide accommodation in certain cases), “relevant premises” shall include premises which are an establishment in which residential accommodation with both board and personal care is or is intended to be provided for fewer than four persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives.

In section 86A(1) of the 1968 Act (exclusion of powers to provide accommodation in certain cases), “relevant premises” shall include premises which are an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988^f1which provides care equivalent to that given in residential accommodation provided under Part IV of the 1968 Act.

In both section 26A(1) of the 1948 Act and section 86A(1) of the 1968 Act, “relevant premises” shall include premises run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society.

Part III of the 1948 Act;

section 21 of, and paragraph 1 or 2 of Schedule 8 to, the National Health Service Act 1977^f1(care and aftercare);

the 1968 Act; or

section 7 of the Mental Health (Scotland) Act 1984^f2(functions of local authorities).

Subject to paragraph (2), section 26A(1) of the 1948 Act and section 86A(1) of the 1968 Act shall not apply to any person who on 1st April 1993 does not have a preserved right by virtue of regulation 19(1ZB) or (1ZC) of the Income Support Regulations^f1(preserved rights).

Subject to paragraph (3), where a person acquires a preserved right on or after 1st April 1993 by virtue of regulation 19(1ZC) of the Income Support Regulations, paragraph (1) shall cease to apply to that person from the date on which he acquires the preserved right.

Section 26A(1) of the 1948 Act and section 86A(1) of the 1968 Act shall not apply to any person who ceases to have a preserved right by virtue of regulation 19(1ZF) or (1ZG) of the Income Support Regulations^f2.

Regulation 6 shall cease to apply to a person in circumstances where–

If on or after 1st April 1993 a person to whom regulation 6 applies (for the purposes of this regulation called “the resident”)–

for any reason other than that those premises have ceased or are about to cease to operate as a residential care home or a nursing home, no accommodation is to be provided for him in any premises which are owned or managed by any person who owned or managed the unavailable premises.

on 31st March 1993 was ordinarily resident in a residential care home as defined in regulation 19(3) of the Income Support Regulations as then in force^f1; and

either–

Regulation 8 shall apply only to a person who–

but once a person has on any date satisfied sub-paragraphs (a) and (b) of this paragraph, regulation 8 shall not thereafter cease to apply to that person from that date.

If on or after 1st April 1993 a person to whom regulation 8 applies (for the purposes of this paragraph called “the resident”)–

for any reason other than that those premises have ceased or are about to cease to operate as a residential care home or a nursing home, no accommodation is to be provided for him in any premises which are owned or managed by any person who owned or managed the unavailable premises.