Local Government Finance Act 1992

Patients in homes in Scotland E+W+S

8 (1) A person shall be disregarded for the purposes of discount on a particular day if on the day— E+W+S

[F1 (a) either—

(i) he has as his sole or main residence a private hospital in Scotland; or

(ii) a care home service provides, in Scotland, accommodation which is his sole or main residence; and

(b) he is receiving care or treatment (or both) in the hospital or in the accommodation so provided.]

(2) In this paragraph—

• [F2 “care home service” has the same meaning as in the Regulation of Care (Scotland) Act 2001 (asp 8); and]

• [F3 “hostel” means anything which falls within any definition of hostel for the time being prescribed by order made by the Secretary of State under this sub-paragraph;]

• [F4 “nursing home” means—

  (a)

  a nursing home within the meaning of section 10(2) of the M1 Nursing 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;]

• [F5 “private hospital” means an independent health care service as defined in section 329(1) of the Mental Health (Care and treatment)(Scotland) Act 2003]

• [F6 “residential care home” means—

  (a)

  a residential establishment provided and maintained by a local authority in respect of their functions under section 13B (provision of care and after-care) of the M2 Social 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 section 7 (functions of local authorities) of the Mental Health (Scotland) Act 1984,

  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.]

[F7 (3) In the definition of “residential care home” in sub-paragraph (2) above—

• “personal care” includes the provision of appropriate help with physical and social needs; and

• “support” means counselling or other help provided as part of a planned programme of care.]

(4) The Secretary of State may by order substitute another definition for any definition of [F8 “nursing home”], “private hospital” or [F9 “care home service”] for the time being effective for the purposes of this paragraph.

Textual Amendments

F1 Sch. 1 para. 8(1)(a)(b) substituted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(a); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F2 In Sch. 1 para. 8(2) definition of "care home service" inserted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(b)(ii); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F3 In Sch. 1 para. 8(2) definition of "hostel" repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(b)(i); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F4 In Sch. 1 para. 8(2) definition of "nursing home" repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(b)(i); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F5 Sch. 1 para. 8(2): definition of "private hospital" substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), Sch. 1 para. 22(2)(b)

F6 In Sch. 1 para. 8(2) definition of "residential care home" repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(b)(i); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F7 Sch. 1 para. 8(3) repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(c); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F8 Words in Sch. 1 para. 8(4) repealed (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(d)(i); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

F9 Words in Sch. 1 para. 8(4) substituted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 18(d)(ii); S.S.I. 2002/162, art. 2(h) (subject to arts. 3-13)

Marginal Citations

M1 1938 c. 73.

M2 1968 c. 49.