The Personal Social Services (Preserved Rights) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

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.