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

Amendment of regulation 19 of the Income Support Regulations

9.—(1) Regulation 19 of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes)(1) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1ZC)(2) in sub-paragraph (b) for the words “or by any member” there shall be substituted the words “or of any member”.

(3) In paragraph (1ZG)—

(a) in sub-paragraph (a)—

(i) for the words “, or by a member” there shall be substituted the words “or of any member”;

(ii) for the words “and are provided” there shall be substituted the words “or are provided”;

(b) in sub-paragraph (b) for the words “, or by a member” there shall be substituted the words “or of any member”.

(4) After paragraph (1ZJ) there shall be inserted the following paragraphs—

“(1ZK) Where a person—

(a) formerly had a preserved right by virtue of paragraph (1ZB); and

(b) on 1st April 1993 was living in a home which was exempt from registration under Part I of the Registered Homes Act 1984(3) pursuant to section 1(4)(a) of that Act(4) (exemption from registration in respect of certain homes) because one or more of the residents were treated as relatives pursuant to section 19(4) of that Act; and

(c) is living in that home on 4th October 1993; and

(d) between 1st April 1993 and 4th October 1993 he has not been absent from that home, or has been absent from it for a period not exceeding 13 weeks;

then subject to paragraph (1ZL) that person shall be treated for the purposes of this regulation as though he had a preserved right on and after 4th October 1993.

(1ZL) Paragraph (1ZK) shall cease to apply to a person who is treated as though he had a preserved right where he is absent from a residential care home or nursing home and that absence exceeds a period of—

(a) except in a case to which sub-paragraph (b) applies, 13 weeks; or

(b) 52 weeks where throughout the period of absence the person was a patient.”.

(5) In paragraph (3)(5) in the definition of “residential care home”—

(a) in sub-paragraph (e) for the word “1968;” there shall be substituted the words “1968; or”;

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

“(f) which is exempt from registration under Part I of the Registered Homes Act 1984 pursuant to section 1(4)(a) of that Act (exemption from registration in respect of certain homes) because one or more of the residents are treated as relatives pursuant to section 19(4) of that Act;”.

(1)

Relevant amending instruments are S.I. 1988/663, 1988/1445, 1988/2022, 1989/1678, 1991/1033 and 1992/3147.

(2)

Paragraphs (1ZB) to (1ZJ) were inserted by S.I. 1992/3147.

(3)

1984 c. 23

(4)

Section 1(4) was substituted by section 1(2) of the Registered Homes (Amendment) Act 1991 (c. 20)

(5)

Relevant amending instruments are S.I. 1988/663, 1445 and 2022 and 1992/3147