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;”.