The Income Support (General) Regulations 1987

Applicable amounts for persons in residential care and nursing homes E+W+S

19.— [F1 (1) Subject to regulation 22 (reduction of applicable amounts) where—

(a) the claimant lives in a residential care home or nursing home; or

(b) if the claimant is a member of a family, he and the members of his family live in such a home,

his weekly applicable amount shall, except in a case to which regulation 21 (applicable amounts in special cases) or Part II of Schedule 4 (persons to whom regulation 19 does not apply) applies, be calculated in accordance with Part I of that Schedule.

(1A) For the purposes of paragraph (1)(b) a claimant and the members of his family are to be taken as living in a residential care home or nursing home even during periods when one or more members of the family are temporarily absent from the home but only if the claimant or his partner is living in the home during any such period.]

(2) Where—

(a) a claimant immediately before 27th July 1987 was in receipt of supplementary benefit as a boarder in a residential care home which was not required to register under Part I of the Registered Homes Act 1984 because section 1(4) of that Act (registration) applied to it; and

(b) immediately before 11th April 1988 his appropriate amount fell to be determined, by virtue of regulation 3 of the Supplementary Benefit (Requirements and Resources) Amendment Regulations 1987 F2 (transitional provisions), in accordance with paragraph 1 of Schedule 1A to the Supplementary Benefit Requirements Regulations 1983 F3 (maximum amounts for residential care homes) or would have been so determined but for his temporary absence from the home,

his weekly applicable amount shall be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care homes or nursing homes) as if the home was a residential care home within the meaning of this regulation if, and for so long as, the claimant remains resident in the same home apart from any temporary absence, and the home continues to provide accommodation with board and personal care for the claimant by reason of his old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.

(3) In this regulation and Schedule 4—

“nursing home” means—

(a)

premises which are a nursing home or mental nursing home within the meaning of the Registered Homes Act 1984 F4 and which are either registered under Part II of that Act or exempt from registration under section 37 thereof (power to exempt Christian Science Homes); or

(b)

any premises used or intended to be used for the reception of such persons or the provision of such nursing or services as is mentioned in any paragraph of subsection (1) of section 21 or section 22 (1) of the Registered Homes Act 1984 (meaning of nursing home or mental nursing home) or, in Scotland, as are mentioned in section 10 (2) of the Nursing Homes Registration (Scotland) Act 1938 F5 (interpretation) and which are maintained or controlled by a body instituted by special Act of Parliament or incorporated by Royal Charter;

(c)

in Scotland,

(i)

premises which are a nursing home within the meaning of section 10 of the Nursing Homes Registration (Scotland) Act 1938 which are either registered under that Act or exempt from registration under section 6 or 7 thereof (general power to exempt homes and power to exempt Christian Science Homes); or

(ii)

premises which are a private hospital within the meaning of section 12 of the Mental Health (Scotland) Act 1984 F6 (private hospitals), and which are registered under that Act;

“residential care home” means an establishment—

(a)

[F7 which is required to be registered under Part I of the Registered Homes Act 1984 and is so registered; or]

(b)

[F7 in England or Wales,] which provides residential accommodation with both board and personal care for persons in need of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder for fewer than four persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives, but only if—

(i)

at least two employed or self-employed persons (referred to in this paragraph as responsible persons) are each engaged in providing personal care to residents of the establishment for a minimum of 35 hours a week and those persons are not engaged in any other remunerative work; and

(ii)

each of those responsible persons has at least one year's relevant experience in caring for persons in need of the category of personal care for which the establishment provides such care; and

(iii)

at least one responsible person is available throughout the day to care for residents of the establishment; and

(iv)

at least one responsible person is on call throughout the night to care for residents of the establishment; and

(v)

all residents have free access to the premises at all times; or

(c)

run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or

(d)

managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority; or

(e)

in Scotland, which is a home registered under section 61 of the Social Work (Scotland) Act 1968 F8 or is an establishment provided by a housing association registered with the Housing Corporation established by the Housing Act 1964 F9 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;

“temporary absence” means—

(a)

[F10 in paragraph (2) or] in the case of a person who is over pensionable age, 52 weeks;

(b)

in any other case, 13 weeks.

(4) In Schedule 4 the expressions “old age”, “mental disorder”, “mental handicap”, “drug or alcohol dependence” and “disablement” have the same meanings as those expressions have for the purposes of the Registered Homes Act 1984 and Regulations made thereunder.

Textual Amendments

F1 Reg. 19(1)(1A) substituted for reg. 19(1) (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 9(a)

F2 S.I. 1987/1325.

F3 S.I. 1983/1399; the relevant amending instruments are S.I. 1985/1835 and 1986/1292.

F4 1984 c. 23.

F5 1938 c. 73, section 10 was amended by section 15 of the Mental Health (Scotland) Act 1960 (c. 61), and that amendment is preserved notwithstanding the repeal of that 1960 Act by section 126(1)(a) of the Mental Health (Scotland) Act 1984 (c. 36). Section 10 was also amended by Schedule 7 of the National Health Service (Scotland) Act 1972 (c. 58), Schedules 7 and 8 of the Nurses, Midwives and Health Visitors Act 1979 (c. 36) and by Schedule 7 of the Health Services Act 1980 (c. 53) and subsection (2) of that section 10 was added by section 26 of, and paragraph 14 of Schedule 4 to the Health Services Act 1980 (c. 53).

F6 1984 c. 36.

F7 Words in reg. 19(3) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 9(b)(i)

F8 1968 c. 49, section 61 was amended by the Criminal Proceedings (Scotland Act) 1975 (c. 21), section 289C and G and Schedule 7C.

F9 1964 c. 56.

F10 Words in reg. 19(3) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 9(b)(ii)

Commencement Information

I1 Reg. 19 in force at 11.4.1988, see reg. 1