The Social Security (Claims and Payments) Regulations 1987

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Miscellaneous accommodation costsE+W+S

4.—(1) [F1Where an award of income support[F2, jobseeker’s allowance[F3, state pension credit or employment and support allowance]]—

(a)[F4in the case of income support] is made to a person [F5residing in a care home, an Abbeyfield Home or an independent hospital] as defined in regulation [F62(1)] of the Income Support Regulations [F7or, [F8in the case of jobseeker’s allowance] regulation 1(3) of the Jobseeker’s Allowance Regulations] [F9or in the case of employment and support allowance, regulation 2(1) of the Employment and Support Allowance Regulations], or]

[F10(b)in the case of income support, jobseeker’s allowance or employment and support allowance, is made to person who is in accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 (provision by the Secretary of State of accommodation in camps); or]

[F10(c)in the case of state pension credit, is made to a person residing in—

(i)a care home as defined in regulation 1(2) of the State Pension Credit Regulations;

(ii)an independent hospital as defined in regulation 1(2) of those Regulations;

(iii)an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society); or

(iv)accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 where the person requires personal care,]

([F11or to a person who is only temporarily absent from such accommodation]) the [F12Secretary of State] may determine that an amount of the specified benefit shall be paid direct to the person or body to whom the charges in respect of that accommodation are payable [F13hereafter in this paragraph referred to as “miscellaneous accommodation costs], but, [F14except in a case where accommodation is provided under section 3(1) of, and Part II of the Schedule to, the Polish Resettlement Act 1947] or where the accommodation is [F15run by a voluntary organisation either for purposes similar to the purposes for which resettlement units are provided] or which provides facilities for alcoholics or drug addicts, only if the [F12Secretary of State] is satisfied that the beneficiary has failed to budget for the charges and that it is in the interests of the family.

[F16(2) Subject to sub-paragraphs (3) and (3A), the amount of any payment of income support, jobseeker’s allowance[F17, state pension credit or employment and support allowance] to a third party determined under sub-paragraph (1) shall be—

(a)in a case where the beneficiary is not in accommodation as specified in [F18sub-paragraph (1)(c)(ii)],

F19(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

an amount equal to the award of income support, jobseeker’s allowance[F20, guarantee credit or employment and support allowance] payable to the claimant but excluding an amount, if any, which when added to any other income of the beneficiary as determined in accordance with regulation 28 of the Income Support Regulations, regulation 93 of the Jobseeker’s Allowance Regulations[F21, regulation 90 of the Employment and Support Allowance Regulations] or regulation 17 of the State Pension Credit Regulations will equal the amount prescribed in respect of personal expenses in sub-paragraph (2A); and

(b)in any other case, the amount of the award of income support, jobseeker’s allowance[F22, guarantee credit or employment and support allowance], excluding the amount allowed by sub-paragraph (2A) in respect of personal expenses.]

[F16(2A) The amount in respect of personal expenses where a beneficiary is in accommodation referred to in paragraphs 4(1)(a) [F23, (b) or (c)] shall be—

(a)for a single person the sum of [F24£31.75;]

(b)for a couple where both members of the couple are in such accommodation, [F24£31.75] or each member;

(c)for a member of a polygamous marriage where more than one member is in such accommodation, [F24£31.75] for each member in such accommodation.]

[F16(3) This sub-paragraph shall apply where an award is made of—

(a)income support calculated in accordance with Part VII of the Income Support Regulations (calculation of income support for part-weeks); or

(b)jobseeker’s allowance calculated in accordance with Part XI of the Jobseeker’s Allowance Regulations (part-weeks); F25...

(c)state pension credit for a period of less than a week calculated under regulation 13A of the State Pension Credit Regulations (part-weeks), or a part week payment of state pension credit calculated otherwise;] [F26or]

[F26(d)employment and support allowance for a period of less than a week calculated in accordance with Part 14 of the Employment and Support Allowance Regulations (periods of less than a week).]

[F16(3A) Where sub-paragraph (3) applies then the amount of any payment to a third party determined under sub-paragraph (1) shall be an amount calculated in accordance with sub-paragraph (2)(a) or (b) as appropriate except that in respect of—

(a)the income of the beneficiary, if any; and

(b)the amount allowed for personal expenses by sub-paragraph (2A) above,

the amount shall be the amount used in the calculation under the provisions listed in sub-paragraph (3)(a), (b) or (c), divided by 7 and multiplied by the number of days in the part-week and no payment shall be made to a third party where the Secretary of State certifies it would be impracticable to do so in that particular case.]

[F27(4) Where the amount calculated under sub-paragraphs [F28(2) or (3A)] is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made the amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.]

Textual Amendments

F1Words in Sch. 9 para. 4(1) substituted (1.4.1993) by The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), reg. 1(1), Sch. 1 para. 8(1)

F2Words in Sch. 9 para. 4(1) substituted (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(a)

F3Words in Sch. 9 para. 4(1) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(4)(a)(i)

F4Words in Sch. 9 para. 4(1)(a) inserted (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(b)(i)

F5Words in Sch. 9 para. 4(1)(a) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), regs. 1, 13(3)(b)(i)(aa)

F6Word in Sch. 9 para. 4(1)(a) substituted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002 (S.I. 2002/398), regs. 1, 2(3)(a)(i)

F7Words in Sch. 9 para. 4(1)(a) inserted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(26)(d)(ii)

F8Words in Sch. 9 para. 4(1)(a) substituted (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(b)(ii)

F9Words in Sch. 9 para. 4(1)(a) inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(4)(a)(ii)

F10Sch. 9 para. 4(1)(b)(c) substituted for Sch. 9 para. 4(1)(b) (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 5(3)(a)

F11Words in Sch. 9 para. 4(1) substituted (6.10.2003) by The Social Security (Third Party Deductions and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2325), regs. 1, 2(2)(d)(i)