3.—(1) This regulation applies where the Department has made a payment in respect of a person pursuant to section 1(4) (liability of the Department to make payments under arrangements existing at the appointed day where personal social services in respect of his accommodation are not provided from that day in accordance with the section 1(3).
(2) For the purposes of section 1(5), the amount which is recoverable from the person is the amount which would be recoverable under Article 36 of the Health and Personal Social Services (Northern Ireland) Order 1972(1) and regulations made under that article(2), if the accommodation were provided by the Department under Article 15 and 36 of the 1972 Order, and if the standard rate fixed for the accommodation referred to in Article 36 of that Order, and regulations made under it, were the amount of the payment made by the Department pursuant to section 1(4).
1972/1265 (N.I. 14) — Article 36 was substituted by Article 25 of S.I. 1991/194 (N.I. 1) and amended by Article 37 and Schedule 1 to S.I. 1992/3204 (N.I. 20)
See S.R 1993 No. 127. the relevant amending instruments are S.R. 1993 No. 234, S.R. 1993 No. 438, S.R. 1994 No. 160, S.R. 1995 No. 286, S.R. 1996 No. 83, S.R. 1997, No. 147, S.R. 1998 No. 138, S.R. 2001 No. 205, and S.R. 2002 No. 113