The Communications (Television Licensing) Regulations 2004

Accommodation for residential care: supplementary provisions

13.—(1) For the purposes of Part 1 of this Schedule, accommodation for residential care is to include qualifying accommodation in which one or more eligible persons are living.

(2) In this paragraph—

(a) “eligible person”, in relation to any qualifying accommodation, means any person who—

(i) is a disabled or retired person;

(ii) is ordinarily resident in the accommodation in a dwelling which is provided for occupation by such persons, and which was erected or converted for the purposes of such occupation;

(iii) (where the accommodation is situated in England, Wales, Scotland or Northern Ireland) is under the age of 75 years;

(iv) was ordinarily resident in any dwelling forming part of the accommodation at any time on or after 1st June 1998 during the period specified in a relevant licence issued in respect of the accommodation; and

(v) at that time was a disabled or retired person, and was living in the accommodation in a dwelling which was provided for occupation by such persons, and which was erected or converted for the purposes of such occupation;

(b) “qualifying accommodation” means a group of at least 4 dwellings—

(i) which are publicly provided or managed;

(ii) one or more of which are provided for occupation by disabled or retired persons and were erected or converted for the purposes of such occupation; and

(iii) which together constituted accommodation in respect of which a relevant licence was issued for any period ending on or after 1st June 1998;

(c) “relevant licence” means a licence of the type specified in paragraph 1 of this Schedule which was issued on the grounds that the accommodation to which it applied constituted accommodation for residential care by virtue of being a group of specially provided dwellings as described or referred to in any of paragraphs 4 to 11 above.

(3) For the purposes of sub-paragraph (2)—

(a) a dwelling does not cease to be provided for occupation by a disabled or retired person by reason only that it is also occupied by members of that person’s family;

(b) in the case of a group of dwellings in England, Wales, Scotland or Northern Ireland, the dwellings are to be treated as being publicly provided or managed if—

(i) at least 75 per cent of the dwellings are so provided or managed (including all of those provided for occupation by disabled persons or retired persons); and

(ii) the remainder are right to buy dwellings.