The Income Support (General) Amendment Regulations 1988

Amendment of regulation 19 of the General Regulations

9.  In regulation 19 of the General Regulations (applicable amounts for persons in residential care and nursing homes)—

(a) for paragraph (1) there shall be substituted the follow paragraphs—

“(1) Subject to regulation 22 (reduction of applicable amounts) where—

(a) the claimant lives in a residential care home or nursing home; or

(b) if the claimant is a member of a family, he and the members of his family live in such a home,

his weekly applicable amount shall, except in a case to which regulation 21 (applicable amounts in special cases) or Part II of Schedule 4 (persons to whom regulation 19 does not apply) applies, be calculated in accordance with Part I of that Schedule.

(1A) For the purposes of paragraph (1)(b) a claimant and the members of his family are to be taken as living in a residential care home or nursing home even during periods when one or more members of the family are temporarily absent from the home but only if the claimant or his partner is living in the home during any such period.”;

(b) in paragraph (3)—

(i) in the definition of “residential care home” for sub-paragraph (a)

there shall be substituted the following sub-paragraph—

“(a) which is required to be registered under Part I of the Registered Homes Act 1984(1) and is so registered; or”

• and in sub-paragraph (b) at the beginning there shall be inserted the words “in England or Wales,”;

(ii) in the definition of “temporary absence” at the beginning of sub-paragraph (a) there shall be inserted the words “in paragraph (2) or”.

(1)

1984 c. 23