The Social Security (Care Homes and Independent Hospitals) Regulations 2005

in paragraph (1)—

for paragraphs (2) and (3) substitute—

“(2)

Paragraph (1)(i), (ia) and (ib) shall not apply to a person who resides in—

(a)

a care home;

(b)

an independent hospital;

(c)

an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or

(d)

accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 M3 (provision by the Secretary of State of accommodation in camps).

(3)

In paragraph (2)—

(a)

“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001;

(b)

“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001.”.

in paragraph (6)(c) for “residential homes” substitute “ independent hospitals or care homes ”;

after paragraph (6) add the following paragraph—

“(7)

In paragraph (6)—

“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;

“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001.”.

in paragraph (5)(c) for “residential homes” substitute “ independent hospitals or care homes ”;

after paragraph (5) insert the following paragraph—

“(6)

In paragraph (5)—

“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;

“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001.”.

in sub-paragraph (1) of paragraph 1 (interpretation), for the definition of “hostel”M3 substitute—

““hostel” means a building—

(a)

in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and self-contained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and—

(b)

which is—

(i)

managed by or owned by a housing association registered with the Housing Corporation established by the Housing Act 1964 M4;

(ii)

managed or owned by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 M5;

(iii)

operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; or

(iv)

managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community, and

(c)

which is not—

(i)

a care home;

(ii)

an independent hospital; or

(iii)

an establishment run by the Abbeyfield Society including all bodies corporate or incorporated which are affiliated to that Society, and

(d)

in sub-paragraph (b)(iv) above, “voluntary organisation” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;”;

in paragraph 4 (miscellaneous accommodation costs) M6—

omit the definitions of “nursing home”, “residential accommodation”M1 and “residential care home”M2;

at the appropriate places insert the following definitions—

• ““Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

• “care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;

• “independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;”;

for sub-paragraphs (a) and (b) substitute—

“(a)

a care home or an independent hospital;

(b)

an Abbeyfield Home;”;

omit sub-paragraph (d);

after “home” in both places insert “ , hospital ”;

in sub-paragraph (a) for “, (b) or (d)” substitute “ or (b) ”;

in sub-paragraph (a) for heads (i) and (ii) substitute—

“(i)

not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or”;

in sub-paragraph (b) for heads (iii) and (iv) substitute—

“(iii)

residing in a care home, an Abbeyfield Home or an independent hospital.”;

in sub-paragraph (1) for “residential care home or nursing home” substitute “ care home, an Abbeyfield Home or an independent hospital ”;

in sub-paragraph (2)(a) for “residential care or nursing home” substitute “ care home, Abbeyfield Home or independent hospital ” and after “the home” insert “ or hospital ”;

in sub-paragraph (1) for “in a residential care home or nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ” and after “in that home” add “ or hospital ”;

in sub-paragraph (2) for “residential care home or nursing home” substitute “ care home, an Abbeyfield Home or an independent hospital ”;

omit the definitions of “nursing home”, “residential accommodation” and “residential care home”; and

at the appropriate places insert the following definitions—

• ““Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

• “care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;

• “independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;”;

“paragraphs 1 and 17” substitute “ paragraph 1 ”;

“residential care or nursing homes” substitute “ care homes, Abbeyfield Homes or independent hospitals ”;

for sub-paragraphs (a) and (b) substitute—

“(a)

a care home or an independent hospital;

(b)

an Abbeyfield Home;”;

omit sub-paragraph (d);

after “home” in both places insert “ , hospital ”;

in sub-paragraph (a) for “, (b) or (d)” substitute “ or (b) ”;

in sub-paragraph (a), for heads (i) and (ii) substitute—

“(i)

not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or”;

in sub-paragraph (b), for heads (iii) and (iv) substitute—

“(iii)

residing in a care home, an Abbeyfield Home or an independent hospital.”;

in sub-paragraph (a), for heads (i) and (ii) substitute—

“(i)

not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or”;

in sub-paragraph (b), for heads (iii) and (iv) substitute—

“(iii)

residing in a care home, an Abbeyfield Home or an independent hospital.”;

in sub-paragraph (1), for “residential care home or nursing home” substitute “ care home, an Abbeyfield Home or independent hospital ”;

in sub-paragraph (2)(a), for “residential care or nursing home” substitute “ care home, Abbeyfield Home or independent hospital ” and after “ the home” add “ or hospital ”;

in sub-paragraph (1), for “in a residential care home or nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ” and after “in that home” add “ or hospital ”;

in sub-paragraph (2), for “residential care home or nursing home” substitute “ care home, an Abbeyfield Home or an independent hospital ”;

in sub-paragraph (7)(c)(iii), after “care home” insert “ or an independent hospital ”;

for sub-paragraph (8) substitute—

“(8)

This sub-paragraph applies to a person who enters a care home or an independent hospital—

(a)

for the purpose of ascertaining whether that care home or independent hospital suits his needs, and

(b)

with the intention of returning to the dwelling which he normally occupies as his home should, in the event that, the care home or independent hospital prove not to suit his needs,

and while in the care home or independent hospital, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.”.

in sub-paragraph (9) for “accommodation” in both places substitute “ care home or independent hospital ”;

in sub-paragraph (11)(c), at heads (iii), (vii) and (ix) after “care home” insert “ or an independent hospital ”;