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[F19(1)A person is exempt if—S
(a)he is solely or mainly resident in a residential care home, nursing home, private hospital or hostel; and
(b)he is receiving care or treatment (or both) there.
(2)A residential care home is—
(a)a residential establishment provided and maintained by a local authority in respect of the functions under section 27 of the M1National Health Service (Scotland) Act 1947 transferred to them by section 1(4)(c) of the M2Social Work (Scotland) Act 1968; or
(b)a residential establishment to which Part IV of the said Act of 1968 applies; or
(c)residential accommodation provided and maintained by a local authority under [F2section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003],
where the sole or main function of the establishment or accommodation is to provide personal care or support, combined with board, to persons who are solely or mainly resident in the establishment or accommodation.
(3)A nursing home is—
(a)a nursing home within the meaning of section 10(2) of the M3Nursing Homes Registration (Scotland) Act 1938 in respect of which a person is registered; or
(b)any premises in respect of which an exemption has been granted under section 6 or 7 of that Act.
(4)A private hospital is a [F3independent health care service within the meaning of section 2(5) of the Regulation of Care (Scotland) Act 2001 (asp 9)] .
(5)A hostel is an establishment in which residential accommodation is provided and which is—
(a)managed by a housing association registered for the time being in a register maintained under section 3 of the M4Housing Associations Act 1985; or
(b)operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a Government department or agency or a local authority; or
(c)managed by a voluntary organisation,
where the sole or main function of the establishment is to provide personal care or support, combined with board, to persons who are solely or mainly resident in the establishment.
(6)The Secretary of State may by regulations made under this paragraph substitute another definition for any definition of a residential care home, nursing home, private hospital or hostel for the time being effective for the purpose of this paragraph.
(7)In this paragraph—
“personal care” includes the provision of appropriate help with physical and social needs;
“support” means counselling or other help provided as part of a planned programme of care; and
“voluntary organisation” has the meaning given by section 94(1) of the M5Social Work (Scotland) Act 1968.]
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