Modifications etc. (not altering text)
C1Sch. 1 Pt. 1 sums confirmed (6.4.1998 for specified purposes) by The Social Security Benefits Up-rating Order 1998 (S.I. 1998/470), arts. 1(2)(i), 24(3), Sch. 13
3. –
(1) The weekly amount for the purposes of regulations 83(c) and 84(1)(d) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be—
(a)except in a case to which head (b) applies, £54.00; and
(b)where the home in which the person resides is situated within the area described in Schedule 3 (the Greater London area), £60.00.
(2) Subject to sub-paragraphs (3), (4) and (5), the conditions are–
(a)the person resides in a residential care home or a nursing home or is regarded pursuant to sub-paragraph (5) as residing in such a home;
(b)the person both requires personal care [F1by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness and the care is provided in the home];
(c)he does not have a preserved right;
(d)he is aged 16 or over;
(e)both the person’s accommodation and such meals (if any) as are provided for him are provided on a commercial basis; and
(f)no part of the weekly charge for accommodation is met by housing benefit.
(3) For the purposes of sub-paragraph (2), but subject to sub-paragraph (4), a person resides in a residential care home where the home in which he resides—
(a)is registered under Part I of the Registered Homes Act 1984 F2 or is deemed to be so registered by virtue of section 2(3) of the Registered Homes (Amendment) Act 1991 F3 (registration of small homes where application for registration not determined);
(b)is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; or
(c)is in Scotland and is registered under section 61 of the Social Work (Scotland) Act 1968 F4 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 F5 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;
and a person resides in a nursing home where the home in which he resides is such a home within the meaning of regulation 1(3).
(4) A person shall not be regarded as residing in a nursing home for the purposes of sub-paragraph (2) where the home in which he resides is a hospice, and for this purpose “hospice" means a nursing home which—
(a)if situate in England or Wales, is registered under Part II of the Registered Homes Act 1984, or
(b)if situate in Scotland, is exempted from the operation of the Nursing Homes Registration (Scotland) Act 1938 by virtue of section 6 of that Act F6, and whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages.
(5) For the purposes of sub-paragraph (2)(a), where a person’s principal place of residence is a residential care home or a nursing home, and he is temporarily absent from that home, he shall be regarded as continuing to reside at that home
(a)where he is absent because he is a patient, for the first six weeks of any such period of absence, and for this purpose—
(i)“patient" has the meaning it has in Schedule 5 by virtue of regulation 85, and
(ii)periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and
(b)for the first three weeks of any other period of absence.
(6) Where–
(a)a person has been registered under the Registered Homes Act 1984 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,
then any question arising for determination under this paragraph shall be determined as if the most recent registration under that Act in respect of those premises continued until the day on which the application is determined or abandoned.
Textual Amendments
F1Words in Sch. 1 para. 3(2)(b) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income-related Benefits and Jobseekers Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 7(5)(6)(b)
F41968 c.49; section 61 was amended by the Criminal Procedure (Scotland) Act 1975 (c.21) sections 289C and 289G and Schedule 7C.