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11. In Article 23 of the 1986 Order (calculation of income-related benefits), after paragraph (2) there shall be inserted the following paragraphs—
“(2A) In prescribing, for the purposes of income support,amounts under paragraph (1) in respect of accommodation in any area for qualifying persons in cases where prescribed conditions are fulfilled, the Department shall take into account—
(a)the amounts which the Department has agreed to pay, and
(b)information provided by the Board or other prescribed persons with respect to the amounts which the Board or such persons have agreed to pay,
for the provision of accommodation in relevant premises in that area.
(2B) In paragraph (2A)—
“accommodation” includes any board or care;
“the Board” means the Health and Social Services Board for that area;
“qualifying persons” means persons who are ordinarily resident in relevant premises and the Department may by regulations prescribe the circumstances in which persons are to be treated as being ordinarily resident in relevant premises for the purposes of this paragraph;
“relevant premises” means subject to such exemptions as may be prescribed—
nursing homes in respect of which a person is registered under section 1 of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971;
homes for persons in need in respect of which a person is registered under Article 35 of, and Schedule 5 to, the Health and Personal Social Services (Northern Ireland) Order 1972.”.
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