The Personal Social Services (Preserved Rights) Regulations (Northern Ireland) 2002
Citation, commencement and interpretation1.
(1)
These Regulations, which may be cited as the Personal Social Services (Preserved Rights) Regulations (Northern Ireland) 2002, shall come into operation on 8th April 2002.
(2)
In these Regulations, unless otherwise stated, references to sections are to sections of the Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002.
Persons with preserved rights where Department’s responsibilities do not apply2.
(1)
For the purposes of section 1(6), no part of sections 1(3) to (5) (transfer to Department of responsibilities as to accommodation) applies to a person specified for the purposes of this regulation in paragraph (2).
(2)
Recovery of amounts in respect of payments by the Department3.
(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)
Ordinarily resident4.
(1)
A person is to be treated as ordinarily resident in any premises for the purposes of section 1 if he is in fact resident in such premises or if he is temporarily absent from such premises.
(2)
For the purposes of this regulation “temporarily absent” means absent for a period which does not exceed—
(a)
unless throughout the period of absence the person was a patient—
(i)
4 weeks, where he was before his absence a temporary resident in relevant premises;
(ii)
13 weeks, where he was before his absence a permanent resident in relevant premises;
(b)
52 weeks, where throughout the period of absence the person was a patient.
(3)
For the purposes of this regulation—
(a)
(b)
a person is a permanent resident in relevant premises where those premises are his principal place of abode, and a temporary resident where they are not.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 29th March 2002.
These Regulations are made under powers contained in the Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002 (“the 2002 Act”).
Regulation 2 provides exceptions to the duties imposed by sections 1(3) to (5) of the 2002 Act on the Department of Health, Social Services and Public Safety to ensure the provision of community care services for people who were preserved rights cases before the appointed day. The exceptions are cases where a person, in respect of the day before the appointed day, is not entitled to income support, or is so entitled but not at the preserved rights rate.
Regulation 3 provides for the amount that can be recovered where, under section 1(4) of the 2002 Act, the Department is responsible for payments under arrangements which existed before the appointed day (“the existing arrangements”) and which continue until community care services are provided. The amount provided for is the same as the amount which could be recovered under section 36 of the Health and Personal Social Services (Northern Ireland) Order 1972 and the Health and Personal Social Services (Assessment of Resources) Regulations (Northern Ireland) 1993, if the existing arrangements were the provision of accommodation by the Department under Articles 15 and 36 of the 1972 Order and the standard rate fixed for the accommodation were the payment made by the Department for the existing arrangements.
Regulation 4 makes provision for the circumstances in which a person is to be treated as ordinarily resident for the purposes of section 1 of the 2002 Act.
These Regulations do not impose a charge on business.