Health (Miscellaneous Provisions) Act 2010
Amendment of Nursing Homes Support Scheme Act 2009. |
17.— The Nursing Homes Support Scheme Act 2009 is amended— | |
(a) in section 3(1), by the substitution of the following paragraph for paragraph (b) of the definition of “proprietor”: | ||
“(b) in relation to an approved nursing home, means the registered provider, within the meaning of section 2 of the Health Act 2007 , of the nursing home or the person who is carrying on the business of the nursing home pursuant to section 69 of that Act;”, | ||
and | ||
(b) in paragraph 1 of Part 3 of Schedule 1— | ||
(i) in paragraph (a)(v) of the definition of “allowable deduction”, by the substitution of “but for the purposes of this subparagraph any payments made by a person or his or her partner in respect of care services shall not be included” for “but for the purposes of this subparagraph any payments made by a person in respect of care services shall not be included”, | ||
and | ||
(ii) in the definition of “minimum retained income threshold”, by the substitution of the following paragraph for paragraph (b): | ||
“(b) for the purposes of the assessment of a person who is a member of a couple— | ||
(i) in a case where the partner of the person— | ||
(I) is receiving financial support, the weekly assessed income of the partner, or | ||
(II) is habitually resident in a relevant facility or a nursing home, the amount of any charge imposed on the partner in accordance with section 53 (2) of the Health Act 1970 , | ||
together with 40 per cent of the maximum weekly amount of State pension (Non-Contributory) at the date of the application for State support, | ||
(ii) in any other case, the maximum weekly amount of State pension (Non-Contributory) together with 20 per cent of the maximum weekly amount of State pension (Non-Contributory) at the date of the application for State support;”. |