The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995

Amendment of Schedule 7 to the Income Support Regulations

26.—(1) Schedule 7 to the Income Support Regulations (applicable amounts in special cases) shall be amended in accordance with the following paragraphs.

(2) In paragraph 13A (Polish resettlement)(1)—

(a) in Column (1)—

(i) paragraph 13A shall be re-numbered paragraph 13A(1) and the following words shall be added at the end—

• “where the claimant both requires personal care and is provided with it in the accommodation and—

  (a)

  is resident in that accommodation on 31st March 1995 or is temporarily absent on that date; or

  (b)

  is first provided with such accommodation and care on or after 1st April 1995; or

  (c)

  is re-admitted to such accommodation on or after 1st April 1995 where his absence has been other than temporary.”;

(ii) after the renumbered paragraph 13A(1) the following sub-paragraphs shall be added—

“(2) In this paragraph “personal care” means care which includes assistance with bodily functions where such assistance is required.

(3) An absence is temporary for the purposes of sub-paragraph (1) where the absent resident with the agreement of the manager of the accommodation intends to return to the accommodation in due course.”.

(b) In Column (2)—

(i) in sub-paragraph (1)(b), the following words shall be added at the end “or, in the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, determined in accordance with sub-paragraph (3A) below.”;

(ii) in sub-paragraph (3) the following words shall be inserted at the beginning, “Except where the claimant is a person to whom sub-paragraph (1)(b) or (c) of Column (1) refers,”;

(iii) after sub-paragraph (3) the following new sub-paragraph shall be inserted—

“(3A) In the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, the amount for personal expenses referred to in sub-paragraph (1)(b) above, shall be the aggregate of the amounts which are relevant to him and which are referred to in Schedule 4 paragraph 13.”;

(iv) in sub-paragraph (4) for the words “sub-paragraph (1)(b)(ii)” there shall be substituted the words “sub-paragraph (2)(b)(ii)”.

(3) In paragraph 19(b) (claimants entitled to a disability premium for a past period)—

(a) for the words “paragraph 6(4) of Schedule 7 to those Regulations” there shall be substituted the words “regulation 6(3) of those Regulations”(2); and

(b) for the words “ending with the day” there shall be substituted the words “ending with the day before the day”.

(1)

Paragraph 13A was inserted in Schedule 7 By S.I.1989?1678; relevant amending instruments S.I.1994/542 and 2139.

(2)

Regulation 6(3) was inserted in the Social Security (Claims and Payments) Regulations 1987 by S.I.1988/522, regulation 2(3).