The Jobseeker’s Allowance Regulations 1996

Applicable amounts for persons in residential care and nursing homes

86.—(1) Where a person has a preserved right and either–

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

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

his weekly applicable amount shall, except in a case to which regulation 85 (special cases) applies, be calculated in accordance with Schedule 4.

(2) A person has a preserved right for the purposes of this regulation if he satisfies the requirements for a preserved right under regulation 19 of and Schedule 4 to the Income Support Regulations.

(3) In Schedule 4, “temporary absence" means–

(a) in the case of a person who has a preserved right and to whom regulation 19(2) of the Income Support Regulations applies, 52 weeks; and

(b) in any other case, 13 weeks.

(4) In Schedule 4 the expressions “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.

(5) Notwithstanding the foregoing paragraphs of this regulation, where–

(a) a person has been registered under the Registered Homes Act 1984 F1 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; and

(b) an application for registration under that Act has been made by another person and that application has not been determined or abandoned, the applicable amount of a person resident in those premises shall be determined under Schedule 4 as if the most recent registration under the Registered Homes Act 1984 in respect of those premises continued until the day on which the application is determined or abandoned.

Textual Amendments

F1 1984 c.23.