Long-Term Care
(Residency Conditions) (Jersey) Regulations 2013
1 Residency
requirements
For the purposes of Article 3(2)(e) of the Long-Term Care (Jersey) Law 2012 a person must meet any of
the following conditions as to residency –
(a) the person has been
ordinarily resident in Jersey for a continuous period of 10 years or
more –
(i) immediately
prior to the person’s claim for benefit under that Law, and
(ii) since
attaining the age of 18 years;
(b) the person –
(i) has
been ordinarily resident in Jersey for a continuous period of 10 years or
more since attaining the age of 18 years, and
(ii) has
been ordinarily resident in Jersey for a continuous period of 1 year or
more immediately prior to the person’s claim for benefit under that Law;
(c) the person –
(i) has
not attained the age of 28 years at the time of the person’s claim
for benefit, and
(ii) the
person has been ordinarily resident in Jersey for a continuous period of
10 years or more immediately prior to the person’s claim for benefit
under that Law; or
(d) the person –
(i) has
not attained the age of 28 years at the time of the person’s claim
for benefit under that Law,
(ii) has
been ordinarily resident in Jersey for a continuous period of 10 years or
more, and
(iii) has
been ordinarily resident in Jersey for a continuous period of 1 year or
more immediately prior to the person’s claim for benefit.
2 Persons
not treated as ordinarily resident in Jersey
(1) For the purposes of
Regulation 1 –
(a) a
person detained by virtue of a sentence of imprisonment, youth detention or
similar punishment (whether in Jersey or elsewhere) is not treated as
ordinarily resident in Jersey during the period for which the person is so
detained; and
(b) the
period during which a person is ordinarily resident in Jersey immediately prior
to such detention is treated as if it immediately preceded the person’s
release from detention.
(2) For the purpose of
Regulation 1, a person resident in Jersey for the purposes of his or her
employment by an employer, where that employer is outside Jersey and such
employment is covered by a reciprocal agreement, is not treated as ordinarily
resident in Jersey for the period during which he or she is so employed.
(3) In paragraph (2),
“reciprocal agreement” means an agreement between any country or
territory and Jersey whereby a person continues to be liable for contributions
in respect of social security in that country or territory despite the fact
that he or she works in Jersey.
3 Long-term
care outside Jersey treated as ordinary residence
(1) In this
Regulation –
“accommodation services” means the provision of
accommodation, including meals and other services incidental to the provision
of accommodation
“long-term care services” means services, including
accommodation services, provided to a person (of any age) for the purpose of
providing to that person permanent help with activities that are an essential
part of normal daily living (such as bathing, dressing, grooming, and eating),
the provision of such services being arranged by the Minister (whether or not
the person has been assessed as being in need of long-term care under the Long-Term Care (Jersey) Law 2012);
“Minister” means the Minister for Health and Social
Services;
“permanent” means continuing, or likely to continue, for
the rest of a person’s life.
(2) For the purposes of
Regulation 1, a person who has received long-term care services outside
Jersey (whether before or after the commencement of the Long-Term Care (Jersey) Law 2012) is treated as being
ordinarily resident in Jersey during the period such services were provided.
4 Citation
These Regulations may be cited as the Long-Term Care (Residency
Conditions) (Jersey) Regulations 2013.