The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015

Income Support (General) Regulations 1987

5.—(1) The Income Support (General) Regulations 1987(1) are amended as follows.

(2) In regulation 16(8)(za) (circumstances in which a person is to be treated as being or not being a member of the household)—

(a) in paragraph (ii), omit “or” at the end;

(b) at the end of paragraph (iii), insert—

“or

(iv) under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support),”.

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

(a) in paragraph 27, after sub-paragraph (d), insert—

“(dza) the person concerned where the payment is for the provision of accommodation in respect of the meeting of that person’s needs under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support);”;

(b) in paragraph 30(1)(e), at the end, insert “or Part 1 of the Care Act 2014 (care and support).”;

(c) in paragraph 30A(2)—

(i) the text after “is provided by” becomes paragraph (a);

(ii) at the end of that paragraph, insert—

“or

(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).”;

(d) in paragraph 58, after “health care)”, insert “or under sections 31 to 33 of the Care Act 2014 (direct payments),”;

(e) in paragraph 66, after “Social Work (Scotland) Act 1968 refers,”, insert “or the provision of care and support under Part 1 of the Care Act 2014 (care and support),”.

(4) In Schedule 10 (capital to be disregarded), in paragraph 67, after “Any payment made under”, insert “sections 31 to 33 of the Care Act 2014 (direct payments) or under”.

(1)

S.I. 1987/1967. Regulation 16(8)(za) was inserted by S.I. 2005/2687. Paragraph 27 of Schedule 9 was substituted by S.I. 1998/563 and sub-paragraph (da) inserted by S.I. 2013/235. Paragraph 30(1)(e) of Schedule 9 was amended by S.I. 2001/3767. Paragraph 30A of Schedule 9 was inserted by S.I. 1993/2119 and sub-paragraph (2) was amended by S.I. 2001/3767 and 2005/2687. Paragraph 58 of Schedule 9 was inserted by S.I. 1997/65 and amended by S.I. 2003/762, 2009/583, 2010/641 and 2014/513. Paragraph 66 of Schedule 9 was inserted by S.I. 1998/2117 and amended by S.I. 2000/681, 2005/2078 and 2005/2687. Paragraph 67 of Schedule 10 was inserted by S.I. 2003/2279 and amended by S.I. 2009/583, 2010/641 and 2014/513.