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

Amendment of the Social Security (Claims and Payments) Regulations 1987

13.—(1) The Social Security (Claims and Payments) Regulations 1987 M1 shall be amended in accordance with this regulation.

(2) Omit regulation 35A (transitional provisions for persons in hostels or certain residential accommodation) M2 .

(3) In Schedule 9 (deductions from benefit and direct payment to third parties)—

(a) in sub-paragraph (1) of paragraph 1 (interpretation), for the definition of “hostel”M3 substitute—

““hostel” means a building—

(a) in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and self-contained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and—

(b) which is—

(i) managed by or owned by a housing association registered with the Housing Corporation established by the Housing Act 1964 M4 ;

(ii) managed or owned by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 M5 ;

(iii) operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; or

(iv) managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community, and

(c) which is not—

(i) a care home;

(ii) an independent hospital; or

(iii) an establishment run by the Abbeyfield Society including all bodies corporate or incorporated which are affiliated to that Society, and

(d) in sub-paragraph (b)(iv) above, “voluntary organisation” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;”;

(b) in paragraph 4 (miscellaneous accommodation costs) M6 —

(i) in sub-paragraph (1)—

(aa) in head (a), for “in a residential care home or nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ”;

(bb) omit head (b)(i) and (iii);

(ii) in head (a) of sub-paragraph (2) omit—

“(i) as specified in sub-paragraph (1)(b)(i) or (iii); or

(ii)  ”.

Marginal Citations

M1 S.I. 1987/1968.

M2 Regulation 35A was inserted by S.I. 1989/1686.

M3 The definition of “hostel” was inserted by S.I. 1991/2284 and amended by S.I. 2002/398.

M4 1964 c. 56.

M5 1988 c53.

M6 Relevant amending instruments are S.I. 1989/136, 1992/3147, 1996/1460, 1999/3178, 2002/398 and 2003/2325.