The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make amendments to social security legislation that are consequential upon the introduction of a new regulatory system in Northern Ireland of “residential care homes”, “nursing homes” and “independent hospitals” by the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003. This has replaced the previous system of regulation of residential care homes and nursing homes, as provided for by the Registered Homes (Northern Ireland) Order 1992. The new system also requires the registration of Health and Social Service Trust homes and small homes, which were previously unregulated.

The Regulations therefore replace references in social security legislation to terms describing these establishments, which were based on the old regulatory system, with new terms in line with the current regulatory system.

These Regulations make amendments to the following sets of regulations—

(i) The Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 (at regulation 2);

(ii) The Income Support (General) Regulations (Northern Ireland) 1987 (at regulation 3 and Schedule 1);

(iii) The Housing Benefit (General) Regulations (Northern Ireland) 1987 (at regulation 4 and Schedule 2);

(iv) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (at regulation 5);

(v) The Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988 (at regulation 6);

(vi) The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (at regulation 7);

(vii) The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (at regulation 8);

(viii) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (at regulation 9 and Schedule 3);

(ix) The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000 (at regulation 10);

(x) The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002 (at regulation 11).

(xi) The State Pension Credit Regulations (Northern Ireland) 2003 (at regulation 12 and Schedule 4).

Paragraphs 10 to 12 of Schedule 2 to the Regulations make transitional provision to preserve the existing transitional protection provided to a closed category of housing benefit claimants in certain types of residential accommodation.

Regulation 13 makes consequential revocations as set out in Schedule 5. It also revokes the Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001, which, due to the amendments made by the Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002, are obsolete.

In so far as these Regulations are required, for the purposes of regulation 4 and Schedule 2, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.