The Delayed Discharges (England) Regulations 2003

Prescribed care

3.—(1) For the purposes of the definition of “qualifying hospital patient” in section 1 of the Act care is of a prescribed description if it is—

(a) acute care; and

(b) not care in respect of which the patient has given an undertaking to pay (or for whom such an undertaking has been given).

(2) In paragraph (1) acute care means, subject to paragraph (3), intensive medical treatment provided by or under the supervision of a consultant which is for a limited time after which the patient no longer benefits from that treatment.

(3) The following types of care are not acute care—

(a) maternity care, that is, care of expectant and nursing mothers;

(b) mental health care within the meaning of article 2 of the Delayed Discharges (Mental Health Care) (England) Order 2003(1);

(c) palliative care;

(d) intermediate care;

(e) care provided for the purposes of recuperation or rehabilitation.

(4) In paragraph (3) intermediate care means a structured programme of care provided for a limited period of time to assist a person to maintain or regain the ability to live in his home.

(1)

S.I. 2003/2276. See sections 11(3) and 12 of the Act.