The Social Security (Hospital In-Patients) Regulations 2005

Amendment of the Jobseeker's Allowance Regulations 1996 E+W+S

6.—(1) The Jobseeker's Allowance Regulations 1996 M1 are amended as follows.

(2) In regulation 85 (special cases)—

(a) omit paragraph (3) (periods for which a person has been a patient), and

(b) in paragraph (4) (interpretation), in the definition of “patient”, for “the Social Security (Hospital In-Patients) Regulations 1975” substitute “ regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005 M2 ”.

(3) In regulation 86C M3 (joint-claim couples: special cases) omit paragraph (3) (periods for which a person has been a patient).

(4) In Schedule 2 (housing costs) in paragraph 17(7) (non-dependant deductions) in sub-paragraph (g) M4 for heads (i) and (ii) substitute—

“(i) “patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 85(4), and

(ii) in calculating any period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; or”.

(5) In Schedule 5 (applicable amounts in special cases)—

(a) omit paragraph 1 in columns (1) and (2) and the heading to paragraph 1 “Person other than claimant who is a patient”, and

(b) after paragraph 1—

(i) insert the heading “Claimant who is a patient”,

(ii) in column (1) insert “1A. A claimant who has been a patient for a continuous period of more than 52 weeks.”, and

(iii) in column (2) insert “ 1A. The amount applicable under regulation 83 less any amount applicable by virtue of paragraphs 12 or 13 and 14, or paragraph 15A of Schedule 1. ”.

(6) In Schedule 5A M5 (applicable amounts of joint-claim couples in special cases)—

(a) omit paragraph 1 in columns (1) and (2), and

(b) under the heading “Patients”—

(i) in column (1) insert “ 1A. A claimant who has been a patient for a continuous period of more than 52 weeks. ”, and

(ii) in column (2) insert “ 1A. The amount applicable under regulation 86A less any amount applicable by virtue of paragraphs 20F or 20G and 20H, or paragraph 20IA of Schedule 1. ”.

Marginal Citations

M1 S.I. 1996/ 207.

M2 S.I. 2005/3360.

M3 Regulation 86C was inserted by S.I. 2000/1978 and amended by 2004/565.

M4 Sub-paragraph (g) was amended by S.I. 2003/1195 and 2004/2327.

M5 Schedule 5A was inserted by S.I. 2000/1978.