Circumstances in which a person “has the care of another person”

In force

(1)

For the purposes of this Act, the circumstances in which a person is to be regarded as having the care of another person include (but are not limited to) the case where the person, otherwise than for remuneration (whether from the other person or any other source), on a regular basis—

(a)

provides domestic services and support to the other person, or

(b)

arranges for the other person to be provided with such services and support.

(2)

A person who resides in an institution (such as a hospital, nursing home, group home, boarding-house or hostel) at which he or she is cared for by some other person is not, merely because of that fact, to be regarded as being in the care of that other person, and remains in the care of the person in whose care he or she was immediately before residing in the institution.

(3)

In this section, remuneration does not include a carer’s pension.

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3D Circumstances in which a person “has the care of another person”