The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992

3.  In regulation 21 of the Income Support Regulations (special cases)—

(a)in paragraph (3), for the definition of “residential accommodation”, there shall be substituted the following definition—

“residential accommodation” means, subject to the following provisions of this regulation, accommodation provided by a local authority in a home owned or managed by that or another local authority—

(a)under sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation); or

(b)in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establisments) other than in premises registered under section 61 of that Act (registration) and which are used for the rehabilitation of alcoholics or drug addicts; or

(c)under section 7 of the Mental Health (Scotland) Act 1984 (functions of local authorities),

where the accommodation is provided for a person whose stay in that accommodation has become other than temporary.;

(b)in paragraph (4), for the words “that person attained pensionable age”, there shall be substituted the words—

“ that person attained pensionable age; or (c) for whom board is not provided. ”; and

(c)

in paragraph (4A) M1 for the words “In paragraph (3), sub-paragraph (d)(i)”in the definition of “residential accommodation”, there shall be substituted the words “ In paragraph (4), sub-paragraph (c) ”.

Marginal Citations

M1Paragraph (4A) was inserted by S.I. 1992/2158.