Mother and Baby Institutions Payment Scheme Act 2023

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Further application where relevant institution added to Schedule 1

20. (1) This section applies where—

(a) an application has been made in accordance with section 19 ,

(b) on or after the date on which the application referred to in paragraph (a) is made—

(i) an institution (in this section referred to as an “additional institution”) is, under section 49 (1), inserted in Schedule 1 , or

(ii) the concluding year in respect of a relevant institution is, under section 49 (3), amended, so that an additional period (in this section referred to as an “additional period”) during which a person was resident in that institution is reckonable under section 24 (2),

and

(c) the applicant concerned was resident, whether in circumstances referred to in paragraph (a) or paragraph (b), or both, of the definition of “relevant person” in section 2 (1), in the additional institution, or in the relevant institution in the additional period, as the case may be.

(2) Where this section applies, the applicant concerned may, notwithstanding that he or she has made an application under section 19 (in this section referred to as an “earlier application”), make a further application (in this section referred to as a “further application”) under that section in respect of his or her residence in the additional institution, or in the relevant institution in the additional period, as the case may be.

(3) Subject to subsection (4), this Act shall apply to a further application, and a reference in this Act to an application shall be deemed to include a reference to a further application.

(4) Where—

(a) an earlier application has been made in respect of an applicant’s residence in a relevant institution, and

(b) the final determination of the earlier application is that the applicant is not entitled to a benefit under a relevant provision, on the basis that he or she was not resident in the relevant institution for the minimum number of days specified in the relevant provision concerned,

then, in the determination, for the purposes of a further application by the applicant, of his or her entitlement to a benefit under the relevant provision concerned, the number of days on which he or she was resident in the relevant institution referred to in paragraph (a) shall be deemed to be reckonable.

(5) In this section—

“benefit” means a payment under subsection (1), (3) or (5) of section 18 , or the provision without charge of health services under subsection (4) of that section;

“final determination” means, in relation to an earlier application, the determination of the application that applies after any review or appeal has concluded or where no such review has been sought or appeal made and the period for seeking such review or making such appeal has expired;

“relevant provision” means subsection (1), (3), (4) or (5) of section 18 .