The Social Security (Care Homes and Independent Hospitals) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to social security legislation that are consequential upon the introduction of a new regulatory system in England and Wales of “care homes” and “independent hospitals” by the Care Standards Act 2000 (c. 14) and, in Scotland, of “care home services” and “independent health care services” by the Regulation of Care (Scotland) Act 2001 (asp8). This has replaced the previous system of regulation of residential care homes and nursing homes, as provided for by the Registered Homes Act 1984 (c. 23) in England and Wales, and, in Scotland by the Nursing Homes Registration (Scotland) Act 1938 (c. 73) and the Social Work (Scotland) Act 1968 (c. 49). The new systems also require the registration of care homes provided by local authorities, which were previously unregulated.

The Regulations therefore replace references in social security legislation to terms describing these establishments, which were based on the old regulatory systems, with new terms in line with the current regulatory systems.

These Regulations make amendments to the following sets of regulations—

(i) The Income Support (General) Regulations 1987 (S.I. 1987/1967) (at regulation 2 and Schedule 1);

(ii) The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) (at regulation 3 and Schedule 2);

(iii) The Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) (at regulation 4 and Schedule 3);

(iv) The Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) (at regulation 5 and Schedule 4);

(v) The State Pension Credit Regulations 2002 (S.I. 2002/1792) (at regulation 6 and Schedule 5);

(vi) The Social Fund Winter Fuel Payment Regulations 2000 (S.I. 2000/729) (at regulation 8);

(vii) The Social Fund Cold Weather Payments (General) Regulations 1988 (S.I. 1988/1724) (at regulation 9);

(viii) The Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (S.I. 1987/481) (at regulation 10);

(ix) The Social Security (Disability Living Allowance) Regulations 1991 (S.I. 1991/2890) (at regulation 11);

(x) The Social Security (Attendance Allowance) Regulations 1991 (S.I. 1991/2740) (at regulation 12);

(xi) The Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) (at regulation 13);

(xii) The Social Security (Breach of Community Order) Regulations 2001 (S.I. 2001/1395) (at regulation 14); and

(xiii) The Social Security (Loss of Benefit) Regulations 2001 (S.I. 2001/4022) (at regulation 15).

Paragraphs 10 to 12 of Schedule 3 to the Regulations make transitional provision to preserve the existing transitional protection provided to a closed category of housing benefit claimants in certain types of residential accommodation.

The Regulations also revoke the Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/1785) which, due to the amendments made by the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), are obsolete (at regulation 7).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.