Definition of care home, hospital, hospice and residential educational establishment
A care home is defined as an establishment which provides a care home service (ADP regs, Reg. 2) (Public Services Reform (Scotland) Act 2010, Schedule 12, para. 2). A care home service is a service which provides accommodation together with any of the following:
- nursing care
- personal care;
- personal support.
Residential educational establishments fall under the definition of care home (Adp regs, Reg 2). An individual using Housing Benefit to pay for accommodation means that they are paying for the care home and should not have their Adult Disability Payment reduced to nil after 28 days.
The service should be provided to the individual because of their vulnerability or needs. This definition of care home does not include hospitals, or public, independent or grant-aided schools
A residential educational establishment is defined as a care home which provides education or training. This does not include establishments where the costs of any qualifying services are wholly or partly covered out of public or local funds through (ADP regs, Reg 2):
- section 485 of the Education Act 1996
- section 14 of the Education Act 2002
- section 49 or 73 of the Education (Scotland) Act 1980
- section 65 of the Further and Higher Education Act 1992
- section 39 or 40 of the Higher Education and Research Act 2017
- section 4 or 11 of the Further and Higher Education (Scotland) Act 2005
- section 22 of the Teaching and Higher Education Act 1998
Qualifying services in this chapter means accommodation, board and personal care.
It might not always be clear if the place where the individual is living is a care home. The key to this definition is if the accommodation is linked to the care they receive.
Situations such as shared housing are similar but are not defined as care homes. The individual may have a tenancy paid for separately to the care or services they receive.
A hospital is an institution or establishment for the care of sick or wounded, or of those who require medical treatment. Any reference to hospital in this chapter refers to similar institutions such as:
- rehabilitation centres
- addiction clinics
It can also include hospices.
For only regulation 29, a hospice is a hospital or other institution whose main function is to provide palliative care for people suffering from a progressive disease at the final stages (ADP regs, Reg.29 (2))
f an individual is resident or a patient in a care home, hospital, or similar institution outside of the common travel area, it could affect their ability to satisfy the ordinary and habitual residence requirements for ADP. This will depend on the precise facts and how long they will remain in such alternative accommodation for outside the common travel area (ADP regs, Reg.15 (d)).
Case managers should be aware that this temporary absence from the UK could impact upon and individuals entitlement to ADP. They will have to consider the potential impact in all cases involving time periods spent in a care home, hospital or similar institution outside of the common travel area. For more information on this and temporary absences from the common travel area, see the Residence and Presence Chapter.