OpenLegislation

Regulation 2 Amendment of Schedule 1A to the Supplementary Benefit (Requirements) Regulations 1983

Original text. Later amendments are not shown.

(1)

Schedule 1A to the Supplementary Benefit (Requirements) Regulations 1983f1 (maximum amounts for boarders) shall be amended in accordance with the following provisions of this regulation.

(2)

In paragraph 6(1)–

(a)

for the definition of “nursing home” there shall be substituted the following definition–

  • ““nursing home” means–

    1. (a)

      a nursing home or mental nursing home registered under Part II of the Registered Homes Act 1984f2 unless exempted under section 37 of that Act; or

    2. (b)

      a nursing home or mental nursing home maintained or controlled by a body instituted by special Act of Parliament or incorporated by Royal Charter; or

    3. (c)

      in Scotland, a nursing home within the meaning of section 10 of the Nursing Homes Registration (Scotland) Act 1938f3, or a private hospital within the meaning of the Mental Health (Scotland) Act 1984f4, and registered under either of those Acts unless exempted from registration;”;

(b)

in the definition of “residental care home”–

(i)

in paragraph (a) there shall be omitted all the words from “including” to “registered”, and

(ii)

after paragraph (e) there shall be added the following–

“or

(f)

which provides residential accommodation with both board and personal care for persons in need of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder for fewer than 4 persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives, but only if–

(i)

that personal care to residents of the establishment is provided by at least two employed or self-employed persons (referred to in this paragraph as responsible persons) and the provision of that care forms the predominant aspect of that employment, and

(ii)

those responsible persons have at least one year’s relevant experience in caring for persons in need of the category of personal care for which the establishment provides such care, and

(iii)

at least one responsible person is available throughout the day to care for residents of the establishment, and

(iv)

throughout the night, at least one responsible person is on call to care for residents of the establishment, and

(v)

all residents have free access to the premises at all times.”.

Annotations

Footnotes

f1

S.I. 1983/1399, the relevant amending instruments are S.I. 1985/1835, 1986/1292.

f2

1984 c. 23.

f3

1938 c. 73; section 10 was amended by section 15 of the Mental Health (Scotland) Act 1960 (c. 61), and that amendment is preserved notwithstanding the repeal of that 1960 Act by section 126(1)(a) of the Mental Health (Scotland) Act 1984 (c. 36).

f4

1984 c. 36.