Commentary on Sections Section 1 – Charges for nursing care
Section 1 provides that the cost of nursing care for people in nursing homes will in future not be recoverable.
Article 36(4) of the Health and Personal Social Services (NI) Order 1972 (“the 1972 Order”) requires Trusts to recover the cost in full of providing a person with a place in a voluntary or private sector residential care or nursing home.  Article 99(2) made the same provision in respect of statutory sector homes.  However, this was subject to an assessment of a person’s ability to pay, and many people pay nothing or only a proportion.
Section 1(1) inserts a new Article 36(4) into the 1972 Order which removes from the recoverable cost of a nursing home place that element which relates to the cost of “nursing care by a registered nurse”.  The addition of Article 36(4A) defines what is meant by this as “involving the provision of care, or the planning, supervision or delegation of the provision of care”. Section 1(3) provides for the same adjustment to the recoverable cost of accommodation within the statutory sector under Article 99(2) of the 1972 Order.