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

Regulation 2

SCHEDULE 1 AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987

1.  In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the definitions of “nursing home”, “residential accommodation”M1 and “residential care home”M2 ;

(ii) at the appropriate places insert the following definitions—

““Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;

“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;”;

(b) in paragraph (1A) M3 from “residential care home” to “reside in that home” substitute “ care home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital ”.

Marginal Citations

M1 The definition of “residential accommodation” was substituted by S.I. 1988/1445 and amended by S.I. 1989/534 and 2001/3767.

M2 The definitions of “nursing home” and “ residential care home” were substituted by S.I. 2001/3767; relevant amending instrument is S.I. 2005/2078.

M3 Paragraph (1A) was inserted by S.I. 2001/3767 and amended by S.I. 2003/1195.

2.  For paragraph (4)(d) of regulation 6 (persons not treated as engaged in remunerative work) M4 substitute—

“(d) a person who—

(i) is in employment;

(ii) lives in, or is temporarily absent from, a care home, an Abbeyfield Home or an independent hospital; and

(iii) requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.”.

Marginal Citations

M4 Paragraph (4) was inserted by S.I. 2000/681 and sub-paragraph (d) was substituted by S.I. 2001/3767.

3.  In regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household)—

(a) in paragraph (3)(e) for “in residential accommodation or a residential care home or a residential nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ”;

(b) in paragraph (5)(b) M5 omit “provided under any of the provisions referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3)”;

(c) in paragraph (8) before sub-paragraph (a) insert—

“(za) “accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—

(i) under sections 21 to 24 of the National Assistance Act 1948 M6 (provision of accommodation),

(ii) in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 M7 (provision of residential or other establishment), or

(iii) under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 M8 (care and support services etc.),

where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;”.

Marginal Citations

M5 Relevant amending instruments are S.I. 1988/663, 1989/534 and 1996/206.

M6 1948 c. 29.

M7 1968 c. 49.

M8 2003 asp.13.

4.  For paragraph (4)(a)(iii) M9 of regulation 17 (applicable amounts) substitute—

“(iii) in a care home, an Abbeyfield Home or an independent hospital; or”.

Marginal Citations

M9 Relevant amending instrument is S.I. 2001/3767.

5.  In regulation 21 (special cases)—

(a) in paragraph (3) omit the definition of “residential accommodation”M10 ;

(b) omit paragraphs (3A) to (3E) M11 and (4) M12 to (4B) M13 .

Marginal Citations

M10 The definition of “residential accommodation” was substituted by S.I. 1992/3147; relevant amending instruments are S.I. 1994/2139, 1995/516 and 2005/2078.

M11 Paragraph (3A) was inserted by S.I. 1991/1656 and amended by S.I. 1996/2614 and 2001/3767. Paragraph (3B) was inserted by S.I. 1993/518 and amended by S.I. 1995/516. Paragraph (3C) was inserted by S.I. 1993/518 and amended by S.I. 1993/2119. Paragraph (3D) was inserted by S.I. 1994/2139. Pargraph (3E) was inserted by S.I. 1994/2139 and amended by S.I. 2005/2078.

M12 Paragraph (4) was amended by S.I. 1992/3147 and 1995/516.

M13 Paragraph (4A) was inserted by S.I. 1992/2155 and amended by S.I. 1992/3147. Paragraph (4B) was inserted by S.I. 1993/518.

6.  In paragraph (4A) of regulation 42 (notional income) M14 for “lives in a residential care home or a nursing home, or is temporarily absent from such a home” substitute “ resides in a care home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital ”.

Marginal Citations

M14 Paragraph (4A) was inserted by S.I. 1994/527 and amended by S.I. 2003/455.

7.  In regulation 53 (calculation of tariff income from capital)—

(a) in paragraph (1B) M15 —

(i) for sub-paragraphs (a) and (b) substitute—

“(a) a care home or an independent hospital;

(b) an Abbeyfield Home;”;

(ii) omit sub-paragraph (d);

(b) in paragraph (1C) M16 —

(i) after “home” in both places insert “ , hospital ”;

(ii) in sub-paragraph (a) for “, (b) or (d)” substitute “ or (b) ”;

(c) omit paragraph (4) M17 .

Marginal Citations

M15 Paragraph (1B) was inserted by S.I. 1996/462 and amended by S.I. 1997/65 and 1997/2197.

M16 Paragraph (1C) was inserted by S.I. 1996/462 and amended by S.I. 1997/65 and 2001/3767.

M17 Paragraph (4) was inserted by S.I. 1996/462.

8.  In Schedule 3 (housing costs) M18 —

(a) for sub-paragraph (13)(c) of paragraph 3 (circumstances in which a person is to be treated as occupying a dwelling as his home) M19 substitute—

“(c) “residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an an independent hospital;”;

(b) in sub-paragraph (1)(b) of paragraph 4 (housing costs not met) for “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” substitute “ living in care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital ”.

Marginal Citations

M18 Schedule 3 was substituted by S.I. 1995/1613.

M19 Sub-paragraph 13(c) of paragraph 3 was amended by S.I. 2001/3767.

9.  For sub-paragraph (4) of paragraph 7 (protected persons) of Schedule 3A (protected sum) M20 substitute—

“(4) Paragraph 6(b) shall not apply to a protected person if—

(a) he moves to accommodation where he—

(i) satisfies condition (i) or (iii) of sub-paragraph (1)(b);

(ii) is receiving both board and personal care other than in a care home or an independent hospital;

(b) he becomes a patient within the meaning of regulation 21(3);

(c) on his ceasing to be a patient within the meaning of regulation 21(3) either—

(i) he returns to the accommodation which he occupied immediately before he became a patient; or

(ii) he moves to other accommodation where he—

(aa) satisfies condition (i) or (iii) of sub-paragraph (1)(b); or

(bb) is receiving both board and personal care other than in a care home or an independent hospital; or

(d) in a case to which sub-paragraph (6) applies, on his becoming re-entitled to income support, he is in—

(i) the accommodation which he occupied immediately before he ceased to be entitled to income support; or

(ii) accommodation where he—

(aa) satisfies condition (i) or (iii) of sub-paragraph (1)(b); or

(bb) is receiving both board and personal care other than in a care home or an independent hospital.”.

Marginal Citations

M20 Schedule 3A was inserted by S.I. 1988/1455. Sub-paragraph (4) of paragraph 7 was amended by S.I. 1988/2022.

10.  In Schedule 7 (applicable amounts in special cases)—

(a) in paragraph 9 (specified cases of temporarily separated couples) M21 at column (1)—

(i) in sub-paragraph (a) for heads (i) and (ii) substitute—

“(i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or”;

(ii) in sub-paragraph (b) for heads (iii) and (iv) substitute—

“(iii) residing in a care home, an Abbeyfield Home or an independent hospital.”;

(b) in paragraph 10 (polygamous marriages where one or more partners are temporarily separated) M22 at column (1) for sub-paragraphs (a) and (b) substitute—

“(a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or”.

Marginal Citations

M21 Column 1 of paragraph 9 was amended by S.I. 1989/1678.

M22 Column 1 of paragraph 10 was amended by S.I. 1988/663 and 1991/236.

11.  In sub-paragraphs (2), (3)(a)(ii) and (4)(a) of paragraph 4 of Schedule 8 (sums to be disregarded in the calculation of earnings) M23 omit “or in residential accommodation”.

Marginal Citations

M23 Paragraph 4 was substituted by S.I. 1989/534. Sub-paragraphs (2), (3)(a)(ii) and (4)(a) were amended by S.I. 2001/3767.

12.  In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 15A M24 —

(i) in sub-paragraph (1) for “residential care home or nursing home” substitute “ care home, an Abbeyfield Home or an independent hospital ”;

(ii) in sub-paragraph (2)(a) for “residential care or nursing home” substitute “ care home, Abbeyfield Home or independent hospital ” and after “the home” insert “ or hospital ”;

(b) in paragraph 30A M25 —

(i) in sub-paragraph (1) for “in a residential care home or nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ” and after “in that home” add “ or hospital ”;

(ii) in sub-paragraph (2) for “residential care home or nursing home” substitute “ care home, an Abbeyfield Home or an independent hospital ”;

(c) in paragraph 66 M26 for “in a residential care or nursing home” substitute “ living in a care home, an Abbeyfield Home or an independent hospital ”.

Marginal Citations

M24 Paragraph 15A was inserted by S.I. 1993/518 and was amended by S.I. 1995/516 and 2005/2078.

M25 Paragraph 30A was inserted by S.I. 1993/2119 and was amended by S.I. 2001/3767.

M26 Paragraph 66 was inserted by S.I. 1998/2117; relevant amending instrument S.I. 2000/681.

13.  In paragraph 64 M27 of Schedule 10 (capital to be disregarded) in sub-paragraph (5) for “being in residential accommodation, a residential care home or a nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ”.

Marginal Citations

M27 Paragraph 64 was inserted by S.I. 2001/1118.