The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993

Amendment of Schedule 4 to the Income Support Regulations

20.—(1) Schedule 4 to the Income Support Regulations (applicable amounts of persons in residential care and nursing homes) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 6—

(a) for head (b) of sub-paragraph (2)(1) there shall be substituted the following head—

“(b) he—

(i) is entitled to attendance allowance at the higher rate in accordance with section 65(3) of the Contributions and Benefits Act, or the care component of disability living allowance at the highest rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act, or

(ii) has made a claim for attendance allowance or disability living allowance and, in respect of that claim, a decision has been made that he satisfies the disability conditions, but he has not yet completed the qualifying period for that benefit; or”;

(b) after sub-paragraph (2) there shall be added the following sub-paragraph—

“(3) In this paragraph—

(a) “the disability conditions” means—

(i) in the case of attendance allowance, the conditions in section 64(2) and (3) of the Contributions and Benefits Act; and

(ii) in the case of disability living allowance, the conditions in section 72(1)(b) and (c) of the Contributions and Benefits Act;

(b) “the qualifying period” means—

(i) in the case of attendance allowance, the period specified in section 65(1)(b) of the Contributions and Benefits Act; and

(ii) in the case of disability living allowance, the period specified in section 72(2)(a) of the Contributions and Benefits Act.”.

(3) In paragraph 11(2)(2) for the words from “immediately” to “in force” there shall be substituted the words “in Schedule 3C”.(3)

(1)

Relevant amending instrument is S.I. 1991/2742

(2)

Relevant amending instrument is S.I. 1989/534

(3)

Schedule 3C was inserted by S.I. 1992/3147