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The Disability Assistance for Children and Young People (Scotland) Regulations 2021
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- Scottish Statutory Instruments
- 2021 No. 174
- PART 5
- Regulation 19
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Calculation of periods of time spent in a care home or in legal detention
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19.—(1) Subject to paragraphs (2) and (3), a period during which an individual is resident in a care home for the purpose of regulation 17 or in legal detention for the purpose of regulation 18 is to be taken to—
(a)begin on the day after the day on which the individual enters the care home or legal detention, and
(b)end on the day before the day on which the individual leaves the care home or legal detention.
(2) Where an individual who is resident in a care home takes a period of leave from the home, the days on which the individual begins and returns from leave are not to be counted as days of residence in the home.
(3) Days constituting a period of leave are not to be counted as days of residence in a care home.
(4) Where an individual enters or returns to a care home as a result of a transfer from a hospital or a hospice, or from another care home, the day of transfer is to be counted as a day of residence in a care home.
(5) Where an individual enters legal detention as a result of a transfer from a hospital or a hospice, or from a care home, the day of transfer is to be counted as a day in legal detention.
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