The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002

Amendment of the Social Security (Claims and Payments) Regulations 1987

2.—(1) Schedule 9 to the Social Security (Claims and Payments) Regulations 1987(1) (deductions from benefit and direct payment to third parties) shall be amended in accordance with the following paragraphs of this regulation.

(2) In the definition of “hostel” in paragraph 1(1), for “19(3)” there shall be substituted “2(1)”.

(3) In paragraph 4 (miscellaneous accommodation costs)—

(a) in sub-paragraph (1)—

(i) in paragraph (a), for “19(3)” there shall be substituted “2(1)”;

(ii) in paragraph (b), the words “Schedule 4 (persons in residential care and nursing homes) or” and “Schedule 4 (applicable amounts of persons in residential care and nursing homes) or” shall be omitted;

(b) in sub-paragraph (2)—

(i) paragraph (a) shall be omitted;

(ii) in paragraph (ab)—

(aa) for the words from “does not have a preserved right” to “1948” there shall be substituted the words “is not in residential accommodation for the purposes of the Income Support Regulations or, as the case may be, for the purposes of the Jobseeker’s Allowance Regulations,”;

(bb) for the words from “will equal the aggregate of the amounts” to the end of the paragraph there shall be substituted the words “will equal the amount prescribed in respect of personal expenses in paragraph 13(1) of Schedule 7 to the Income Support Regulations or, as the case may be, in paragraph 15(1) of Schedule 5 or paragraph 9(1) of Schedule 5A to the Jobseeker’s Allowance Regulations;”.

(1)

S.I. 1987/1968; the relevant amending instruments are S.I. 1991/2284, 1992/3147, 1993/2113 and 1996/1460.