The Social Security Benefits (Miscellaneous Amendments) Regulations 1993

Amendment of the Income Support Regulations

5.—(1) The Income Support (General) Regulations 1987 M1 shall be further amended in accordance with the following provisions of this regulation.

(2) In regulation 6 (persons not treated as engaged in remunerative work) for paragraph (g) M2 , there shall be substituted the following paragraph—

“(g) he is in employment, and—

(i) lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either

(ii) his, or his partner’s, applicable amount falls to be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care and nursing homes) or, as the case may be, paragraph 9, 10 to 10D, 13, 16 or 18 of Schedule 7 (applicable amounts in special cases), or

(iii) he or his partner satisfies the conditions specified in paragraph 2A(2) of Part I of Schedule 2 M3 (conditions for entitlement to a residential allowance);”.

(3) In regulation 21 (special cases)—

(a) after paragraph (3A) M4 , there shall be inserted the following paragraphs—

“(3B) In a case where on 31st March 1993 a person was in or was temporarily absent from accommodation provided under section 26 of the National Assistance Act 1948, the definition of “residential accommodation” in paragraph (3) M5 shall have effect in relation to that case as if for the words “provided by a local authority in a home owned or managed by that or another authority” there were substituted the words “provided in accordance with arrangements made by a local authority”, and for the words in sub-paragraph (a) “under sections 21 to 24 and 26” there were substituted the words “under section 26”.

(3C) In a case where on 31st March 1993 a person was in or was temporarily absent from accommodation provided by a local authority under section 21 of the National Assistance Act 1948, the definition of “residential accommodation” in paragraph (3) shall have effect in relation to that case as if, after the words “by that or another authority” there were inserted the words “or provided in accordance with arrangements made by a local authority”.”;

(b) after paragraph (4A) M6 , there shall be inserted the following paragraph—

“(4B) In the case of a person who on 31st March 1993 was either in or only temporarily absent from, residential accommodation within the meaning of regulation 21(3) as then in force, paragraph (4) shall apply as if sub-paragraph (c) M7 was omitted.”.

(4) In Schedule 2 (applicable amounts), in sub-paragraph (2) of paragraph 2A M8 after head (a), there shall be inserted the following head—

“(aa) the person both requires personal care and is provided with it in the home and for this purpose “personal care” means care which includes assistance with bodily functions where such assistance is required;”.

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

(a) for paragraph 9, there shall be substituted the following paragraph—

“9.   Any attendance allowance or the care component of disability living allowance, but, where the claimant’s applicable amount falls to be calculated in accordance with Part I of Schedule 4 only to the extent that it exceeds the amount for the time being specified as the higher rate of attendance allowance for the purposes of section 64(3) of the Social Security Contributions and Benefits Act 1992 M9 or, as the case may, be the highest rate of the care component of disability living allowance for the purposes of section 72(4)(a) of that Act.”;

(b) in paragraph 15 M10 in sub-paragraph (1) for the words “sub-paragraph (3)”, there shall be substituted the words “ sub-paragraphs (3) and (6) ”, and after sub-paragraph (5) there shall be added the following sub-paragraph—

“(6) This sub-paragraph shall apply to a claimant in a residential care home or nursing home only if he has a preserved right for the purposes of regulation 19(1ZB) or (1ZC).”;

(c) after paragraph 15, there shall be inserted the following paragraph—

“15A.— (1) Subject to the following provisions of this paragraph, in the case of a claimant placed in a residential care home or nursing home by a local authority under section 26 of the National Assistance Act 1948 M11 , any charitable payment or voluntary payment made or due to be made at regular intervals.

(2) This paragraph shall apply only where—

(a) the claimant was placed in the residential care or nursing home by the local authority because the home was the preferred choice of the claimant, and

(b) the cost of the accommodation was in excess of what the authority would normally expect to pay having regard to the needs of the claimant assessed in accordance with section 47 of the National Health Service and Community Care Act 1990 M12 .

(3) This paragraph shall not apply in the case of a person whose applicable amount falls to be calculated under regulation 19 (persons in residential care or nursing homes with preserved rights).

(4) The amount to be disregarded under sub-paragraph (1) shall not exceed the difference between the actual cost of the accommodation provided by the local authority and the cost the authority would normally incur for a person with the particular needs of the claimant.”.

Marginal Citations

M1 S.I. 1987/1967.

M2 Paragraph (g) was inserted by S.I. 1991/1559.

M3 Paragraph 2A was inserted by S.I. 1992/3147.

M4 Paragraph (3A) was inserted by S.I. 1991/1656.

M5 The definition of 'residential accommodation' was amended by S.I. 1992/3147.

M6 Paragraph (4A) was inserted by S.I. 1992/2155.

M7 Sub-paragraph (c) was inserted by S.I. 1992/3147.

M8 Paragraph 2A was inserted by S.I. 1992/3147.

M9 1992 c.4.

M10 Paragraph 15 was amended by S.I. 1990/547.

M11 Section 26 was amended by the Health Services and Public Health Act 1968 (c.46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c.49), Schedule 9, Part I and applied by section 87(3); the Local Government Act 1972 (c.70), Schedule 23, paragraph 2, the Housing (Homeless Persons) Act 1977 (c.48), Schedule; the Health and Social Services and Social Security Adjudications Act 1983 (c.41), section 20(1)(b) the National Health Service and Community Care Act 1990, section 42(2) to (5), Schedule 9, paragraph 5(5) and Schedule 10, and the Community Care (Residential Accommodation) Act 1992 (c.49).

M12 1990 c.19.