Regulation 9 Accommodation for residential care
Part II of Schedule 2 shall be amended in accordance with this regulation.
For the heading to Part II substitute—
“Entry 5 in Part I of this Schedule: supplementary provisions.”
In paragraph 1—
for sub-paragraph (c) substitute—
“(c)“resident” means—
(i)in relation to accommodation which is accommodation for residential care by virtue of any of paragraphs 2 to 8 below, a disabled person, a mentally disordered person or a retired person aged 60 years or more who is ordinarily resident in the accommodation, but does not include a person in charge of the accommodation or otherwise employed in it, or a member of the family of either of them;
(ii)in relation to accommodation which is accommodation for residential care by virtue of paragraph 9 below, an eligible person (within the meaning of that paragraph);”; and
after sub-paragraph (c) insert—
“(d)“residential care dwelling” means—
(i)in relation to a group of dwellings which is accommodation for residential care by virtue of any of paragraphs 2 to 7 below, any dwelling forming part of the accommodation for residential care which satisfies the requirements of sub-paragraph (b)(i) to (iii) above;
(ii)in relation to a group of dwellings which is accommodation for residential care by virtue of paragraph 9 below, any dwelling forming part of that accommodation occupied by an eligible person (within the meaning of that paragraph);
(e)“publicly provided or managed”, in relation to a dwelling, means provided or managed in one of the ways specified in sub-paragraph (b) of each of the definitions of “accommodation for residential care” in paragraphs 2 to 7 below.”.
For paragraph 8 substitute—
“Accommodation for residential care: supplementary provisions
8.(1)References in Part I of this Schedule, and in paragraph 10 of this Part, to accommodation for residential care shall include a dwelling which is occupied by—
(a)a person who immediately before 19th May 1988 was licensed by a television licence for accommodation for residential care, or
(b)a person who immediately before that date was living with such a person and who would himself at that time have qualified to be so licensed,
and which is publicly provided or managed.
(2)A dwelling which is situated in England, Wales, Scotland or Northern Ireland shall not constitute accommodation for residential care by virtue of sub-paragraph (1) above if every person occupying it who falls within paragraph (a) or (b) of that sub-paragraph is aged 75 years or more.
9.(1)References in Part I of this Schedule, and in paragraph 10 of this Part, to accommodation for residential care shall include qualifying accommodation in which one or more eligible persons are living.
(2)In this paragraph—
(a)“eligible person”, in relation to any qualifying accommodation, means any person who—
(i)is a disabled person, a mentally disordered person or a retired person aged 60 years or more;
(ii)is ordinarily resident in the accommodation in a dwelling which is provided for occupation by such persons, and which was erected or converted for the purposes of such occupation;
(iii)(where the accommodation is situated in England, Wales, Scotland or Northern Ireland) is under the age of 75 years;
(iv)was ordinarily resident in any dwelling forming part of the accommodation at any time on or after 1st June 1998 during the period specified in a relevant licence issued in respect of the accommodation; and
(v)at that time was a disabled person, a mentally disordered person or a retired person aged 60 years or more, and was living in the accommodation in a dwelling which was provided for occupation by such persons, and which was erected or converted for the purposes of such occupation;
(b)“qualifying accommodation” means a group of at least 4 dwellings—
(i)which are publicly provided or managed;
(ii)one or more of which are provided for occupation by disabled persons, mentally disordered persons or retired persons aged 60 years or more and were erected or converted for the purposes of such occupation;
(iii)which together constituted accommodation in respect of which a relevant licence was issued for any period ending on or after 1st June 1998;
(c)“relevant licence” means a licence of the type specified in entry 5 in column 1 of Part I of this Schedule which was issued on the grounds that the accommodation to which it applied constituted accommodation for residential care by virtue of being a group of specially provided dwellings as described in any of paragraphs 2 to 7 above.
(3)For the purposes of sub-paragraph (2) above—
(a)a dwelling does not cease to be provided for occupation by a disabled person, a mentally disordered person or a retired person aged 60 years or more by reason only that it is also occupied by members of his family;
(b)in the case of a group of dwellings in England, Wales, Scotland or Northern Ireland, the dwellings are to be treated as being publicly provided or managed if—
(i)at least 75 per cent of the dwellings are so provided or managed (including all of those provided for occupation by disabled persons, mentally disordered persons or retired persons aged 60 years or more), and
(ii)the remainder are right to buy dwellings.”.
At the end of Part II insert—
“Issue fees for television licences for accommodation for residential care
10.(1)Subject to sub-paragraph (5), the issue fee for a television licence for accommodation for residential care shall be determined in accordance with sub-paragraphs (2) to (4) below.
(2)In the case of accommodation described in sub-paragraph (a) of any of the definitions of “accommodation for residential care” in paragraphs 2 to 7 above, the issue fee shall be £5 for each unit of accommodation occupied by a resident.
(3)In the case of accommodation which consists of a group of dwellings, the issue fee shall be £5 for each residential care dwelling.
(4)In the case of accommodation which is accommodation for residential care by virtue of paragraph 8 above, the issue fee shall be £5.
(5)For the purposes of calculating the issue fee, no account shall be taken (except in the Channel Islands and the Isle of Man) of any unit of accommodation or, as the case may be, dwelling that is the sole or main residence of a resident aged 75 years or more.”.