Mother and Baby Institutions Payment Scheme Act 2023

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Calculation of period of residence in relevant institution

24. (1) For the purposes of section 21 (4)(c), the Chief Deciding Officer shall calculate, in accordance with this section—

(a) the number of days of each period of residence by the applicant in a relevant institution, and

(b) the aggregate number of days of each of the following:

(i) all periods of residence by the applicant in a relevant institution;

(ii) all periods of residence by the applicant in a relevant institution in circumstances referred to in paragraph (a) of the definition of “relevant person” in section 2 (1);

(iii) all periods of residence by the applicant in a relevant institution in circumstances referred to in paragraph (b) of the definition of “relevant person” in section 2 (1);

(iv) all periods of residence by the applicant in a relevant institution specified in column 2 of Part 1 of Schedule 1 in circumstances referred to in paragraph (b) of the definition of “relevant person” in section 2 (1).

(2) For the purposes of the calculation under subsection (1) of the number of days of a period of residence:

(a) the date of entry and the date of discharge shall be included in the calculation;

(b) a period of residence by an applicant in a relevant institution shall be reckonable only where the admission date occurred on or before the 31st day of December in the concluding year in respect of the relevant institution;

(c) a temporary absence by the applicant from the relevant institution concerned shall not be reckonable where—

(i) the Chief Deciding Officer is satisfied, on the basis of his or her examination of the information referred to in section 21 (6), that the temporary absence occurred, and

(ii) the temporary absence period concerned exceeds 180 days.

(3) For the purposes of this section, a person shall be considered to have been discharged from a relevant institution where he or she ceased (other than where he or she is temporarily absent from the relevant institution) to be a resident of the relevant institution.

(4) For the purposes of this section, a person shall be considered to have been temporarily absent from a relevant institution where he or she—

(a) was absent from the relevant institution for a period (in this section referred to as a “temporary absence period”) of not less than one day, beginning after the admission date and ending before the discharge date, and

(b) at the end of the temporary absence period—

(i) resumed his or her residence in the same relevant institution for the same reason as that for which he or she was admitted to the institution at the time when the period of residence began, and

(ii) spent not less than one night in the relevant institution.

(5) In this section—

“admission date” means, in relation to a period of residence, the date on which the person concerned was admitted to the relevant institution and, in the case of a person who was born in the relevant institution, means his or her date of birth;

“discharge date” means, in relation to a period of residence, the date on which the discharge of the person concerned from the relevant institution occurred;

“period of residence” means, in relation to a person, the period, beginning on the admission date and ending on the discharge date, during which he or she was, other than during a temporary absence period, continuously resident in a particular relevant institution;

“temporary absence period” shall be construed in accordance with subsection (4)(a).