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

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002 and shall come into operation on 8th April 2002.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendments to Regulations

2.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(2) shall be amended in accordance with Part I of the Schedule to these Regulations.

(2) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(3) shall be amended in accordance with Part II of the Schedule to these Regulations.

Amendment of the Social Security (Claims and Payments) Regulations

3.—(1) Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(4) (deductions from benefits and direct payment to third parties) shall be amended in accordance with paragraphs (2) and (3).

(2) In the definition of “hostel”(5) in paragraph 1 (interpretation), for “19(2)” there shall be substituted “2(1)”.

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

(a) in sub-paragraph (1)(a)(6), for “19(2)” there shall be substituted “2(1)”;

(b) in sub-paragraph (1)(b)(7), “Schedule 4 (applicable amounts of persons in residential care homes and nursing homes) or” and “Schedule 3 (applicable amounts of persons in residential care and nursing homes) or” shall be omitted;

(c) in sub-paragraph (2)—

(i) head (a) shall be omitted;

(ii) in head (ab)(8)—

(aa) for the words from “does not have a preserved right” to “1972” there shall be substituted “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 head there shall be substituted “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 4 or paragraph 9(1) of Schedule 4A to the Jobseeker’s Allowance Regulations;”.

Amendment of the Social Security (Attendance Allowance) Regulations

4.—(1) The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992(9) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 7 (persons in certain accommodation other than hospitals)—

(a) in paragraph (1)(10), for “regulations 7A and 8” there shall be substituted “regulation 8”;

(b) paragraph (3)(b) shall be omitted;

(c) in paragraph (4)(11)—

(i) “Subject to paragraph (4A),” shall be omitted;

(ii) in sub-paragraph (b), “and at least 3 other persons in that home are provided with board and personal care, excluding persons carrying on the home or employed there or their relatives” shall be omitted, and

(iii) paragraph (4A)(12) shall be omitted.

(3) Regulation 7A(13) (persons to whom regulations 7 and 8 apply with modifications) shall be omitted.

(4) Schedule 2(14) (persons to whom regulations 7 and 8 apply with modifications) shall be omitted.

Amendment of the Social Security (Disability Living Allowance) Regulations

5.—(1) The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(15) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 9 (persons in certain accommodation other than hospitals)—

(a) in paragraph (1)(16), for “regulations 9A and 10” there shall be substituted “regulation 10”;

(b) paragraph (6)(c) shall be omitted;

(c) in paragraph 7(17)—

(i) “Subject to paragraph (7A)” shall be omitted;

(ii) in sub-paragraph (b), “and at least 3 other persons in that home are provided with board and personal care, excluding persons carrying on the home or employed there or their relatives” shall be omitted;

(d) paragraph (7A)(18) shall be omitted.

(3) Regulation 9A(19) (persons to whom regulations 9 and 10 apply with modifications) shall be omitted.

(4) Schedule 2A(20) (persons to whom regulations 9 and 10 apply with modifications) shall be omitted.

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

6.  In Schedule 2A to the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(21) (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or a jobseeker’s allowance)—

(a) after paragraph 3(a), there shall be inserted the following sub-paragraph—

“(aa) income support is being paid from 8th April 2002 to persons who, immediately before that day, had a preserved right for the purposes of the Income Support Regulations;”;

(b) after paragraph 8(a), there shall be inserted the following sub-paragraph—

“(aa) jobseeker’s allowance is being paid from 8th April 2002 to persons who, immediately before that day, had a preserved right for the purposes of the Jobseeker’s Allowance Regulations;”.

Sealed with the Official Seal of the Department for Social Development on 29th March 2002.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development