The Income Support (General) Regulations 1987

Residential care homes

6.—(1) Subject to sub-paragraph (2) and paragraphs 8 to 11, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of—

(a) old age, the appropriate amount shall be £130·00 per week;

(b) past or present mental disorder but excluding mental handicap, the appropriate amount shall be £130·00 per week;

(c) past or present drug or alcohol dependence, the appropriate amount shall be £130·00 per week;

(d) mental handicap, the appropriate amount shall be £160·00 per week;

(e) physical disablement, the appropriate amount shall be—

(i) in the case of a person to whom paragraph 8 applies, £190.00 per week, or

(ii) in any other case £130·00 per week; or

(f) any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be £130·00 per week.

(2) Where the claimant is over pensionable age and—

(a) he is blind; or

(b) there is in respect of him a certificate, issued by the Attendance Allowance Board under section 35(2) of the Social Security Act(1), which states that he has satisfied or is likely to satisfy both the conditions mentioned in section 35(1) of that Act; or

(c) he is in receipt of any payment based on need for attendance which is payable—

(i) under section 61 of the Social Security Act(2)

(ii) by virtue of article 14 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983(3) or article 14 of the Personal Injuries (Civilians) Scheme 1983(4)

the appropriate amount shall, except where sub-paragraph (1)(d) or (e)(i) applies, be £155·00 per week.

(1)

1975 c. 14; section 35(2) was amended and subsection (2A) was added by the Social Security Act 1979 (c. 18) section 2. Subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50) section 39, Schedule 3 paragraph 6.

(2)

subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50) section 39, Schedule 3 paragraph 6.

(3)

S.I. 1983/883.

(4)

S.I. 1983/686.