# The Social Security (Care Homes and Independent Hospitals) Regulations 2005, Paragraph 3


In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household)—
(a) in paragraph (3)(d) for “in residential accommodation or a residential care home or a nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ”;
(b) in paragraph (5)(c) omit “provided under any of the provisions referred to in any of the sub-paragraphs (a) to (c) of the definition of residential accommodation in regulation 85”;
(c) in paragraph (9) before sub-paragraph (a) insert—
“(za) “accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—
(i) under sections 21 to 24 of the National Assistance Act 1948 (provision of accommodation); or
(ii) in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential or other establishment); or
(iii) under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (care and support services etc.);
where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;”.

---
Source: https://www.legislation.gov.uk/uksi/2005/2687/schedule/2/paragraph/3 (the official version)
Page: https://openlegislation.uk/social-security-care-homes-and-independent-hospitals-regulations-2005/schedule-2/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.