4.—(1) The value of any premises—E+W
(a)which would be disregarded under paragraph 2 or 4(b) of Schedule 10 to the Income Support Regulations (premises acquired for occupation, and premises occupied by a former partner)(1) but as if for the words “his home” in each provision there were substituted “his main or only home”; or
(b)which is occupied in whole or in part as their main or only home by a qualifying relative of the adult who has occupied the premises as their main or only home since before the date on which the adult was first provided with accommodation in a care home under the Act.
(2) A local authority may disregard the value of any premises which is occupied in whole or in part by a qualifying relative of the adult as their main or only home where the qualifying relative occupied the premises after the date on which the adult was first provided with accommodation in a care home under the Act.
(3) The value of any premises for a period of 12 weeks where the local authority has disregarded the value of the premises under sub-paragraph (1)(b) or (2) and that relative has died or is no longer occupying the premises because they have been provided with accommodation in a care home.
(4) The local authority may disregard the value of any premises for a period of 12 weeks where the premises were occupied in whole or in part by a qualifying relative of the adult as their main or only home and that relative is no longer occupying the premises because of an unexpected change in their circumstances.
(5) In this paragraph—
“child” is to be construed in accordance with section 1 of the Family Law Reform Act 1987(2);
“qualifying relative” means the adult’s—
partner;
other family member or relative who is aged 60 or over or who is incapacitated; or
child who is under 18.
Commencement Information
I1Sch. 2 para. 4 in force at 1.4.2015 in accordance with reg. 1
Paragraph 2 was amended by S.I. 1988/1445. Paragraph 4(b) was amended by S.I. 1988/910 and 2005/2877.
1987 c.42. Section 1 was amended by paragraph 51 of Schedule 3 to the Adoption and Children Act 2002, paragraph 24 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c.22) and S.I. 2014/560.