The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005

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

(a) in paragraph 15A(1)—

(i) in sub-paragraph (1) for “or nursing home by the Department” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital by the Department of Health, Social Services and Public Safety”;

(ii) in sub-paragraph (2)—

(aa) in head (a) for “or nursing home by the Department” there shall be substituted “, nursing home, Abbeyfield Home or independent hospital by the Department of Health, Social Services and Public Safety” and after “the home” there shall be inserted “or hospital”;

(bb) for head (b), there shall be substituted the following head—

“(b) the cost of the accommodation was in excess of what the Department of Health, Social Services and Public Safety would normally expect to pay having regard to the needs of the claimant as assessed by that Department.”;

(iii) in sub-paragraph (4) for “the Department and the cost the” there shall be substituted “the Department of Health, Social Services and Public Safety and the cost that”;

(b) in paragraph 30A(2)—

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

(ii) in sub-paragraph (2) for “or nursing home is provided by the Department” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital is provided by the Department of Health, Social Services and Public Safety”;

(c) in paragraph 62(3) for “in a residential care or nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”.

(1)

Paragraph 15A was inserted by regulation 4(5)(c) of S.R. 1993 No. 165 and amended by regulation 2(1) of, and paragraph 17(c) of Part I of the Schedule to, S.R. 2002 No. 132 and regulation 2(9) of S.R. 2003 No. 267

(2)

Paragraph 30A was inserted by regulation 4(22)(e) of S.R. 1993 No. 373 and amended by regulation 2(1) of, and paragraph 17(f) of Part I of the Schedule to, S.R. 2002 No. 132

(3)

Paragraph 62 was added by regulation 9(1)(c)(ii) of S.R. 1998 No. 81