Regulation 9 Special provisions in respect of persons over pensionable age

(1)

Regulation 8 shall apply only to a person who–

(a)

on or after 1st April 1993–

(i)

approaches a local authority for assistance with arranging accommodation immediately after having been evicted from a residential care home,

(ii)

will not be allowed to return to live in a residential care home from which he is temporarily absent, or

(iii)

has been served with a notice to quit the residential care home in which he is ordinarily resident; and

(b)

is assessed by a local authority as needing accommodation in premises which are not a nursing home,

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.

(2)

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

(a)

approaches a local authority for assistance with arranging accommodation immediately after having been evicted from relevant premises;

(b)

will not be allowed to return to live in relevant premises from which he is temporarily absent; or

(c)

has been served with a notice to quit the relevant premises in which he is oridinarily 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.