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The Jobseeker’s Allowance Regulations 1996
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- UK Statutory Instruments
- 1996 No. 207
- SCHEDULE 7
- Paragraph 32
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32.—(1) Subject to sub-paragraphs (2) and (3), in the case of a claimant [F1residing in a care home, an Abbeyfield Home or an independent hospital], any payment, [F2except a charitable or voluntary payment disregarded under paragraph 15] F3..., made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home [F4or hospital].
(2) This paragraph shall not apply to a claimant for whom accommodation in a [F5care home, an Abbeyfield Home or an independent hospital] is provided by
[F6(a)a local authority under section 26 of the National Assistance Act 1948 or section 59 of the Social Work (Scotland) Act 1968F7....] [F8or
(b)a person other than a local authority under arrangements made with the person by a local authority in the exercise of the local authority’s functions under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support) [F9or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and powers to meet care and support needs of an adult)].]
(3) The amount to be disregarded under this paragraph shall not exceed the difference between—
[F10(a)the claimant’s applicable amount; and]
(b)the weekly charge for the accommodation.
Textual Amendments
F1Words in Sch. 7 para. 32(1) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 14(b)(i)
F2Words in Sch. 7 para. 32(1) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 3(11)
F3Words in Sch. 7 para. 32(1) omitted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(12)(d)
F4Words in Sch. 7 para. 32(1) inserted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 14(b)(i)
F5Words in Sch. 7 para. 32(2) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 2 para. 14(b)(ii)
F6Words in Sch. 7 para. 32(2)(a) renumbered as Sch. 7 para. 32(2)(a) (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 9(3)(c)(i) (with art. 4)
F7Words in Sch. 7 para. 32(2) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 2 para. 24(f)(i)
F8Sch. 7 para. 32(2)(b) and word inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 9(3)(c)(ii) (with art. 4)
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