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

Regulation 3

SCHEDULE 1 N.I. AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS

1.  In regulation 2 (interpretation)— N.I.

(a) in paragraph (1)—

(i) after the definition of “the Registered Homes Order”(1) there shall be inserted the following definition—

““Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;”;

(ii) after the definition of “housing benefit expenditure”(2) there shall be inserted the following definition—

““independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”;

(iii) for the definition of “nursing home”(3) there shall be substituted the following definition—

““nursing home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 11 of that Order;”;

(iv) the definition of “residential accommodation”(4) shall be omitted, and

(v) for the definition of “residential care home”(5) there shall be substituted the following definition—

““residential care home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 10 of that Order;”.

(b) in paragraph (1A)(6) for the words from “or a nursing home” to “reside in that home” there shall be substituted “, nursing home, Abbeyfield home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital”.

Commencement Information

I1 Sch. 1 para. 1 in operation at 14.11.2005, see reg. 1(1)

2.  In regulation 6(4)(7) (persons not treated as engaged in remunerative work) for sub-paragraph (d) there shall be substituted the following sub-paragraph— N.I.

“(d) a person who—

(i) is in employment;

(ii) lives in, or is temporarily absent from, a residential care home, nursing home, an Abbeyfield Home or an independent hospital, and

(iii) requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.”.

Commencement Information

I2 Sch. 1 para. 2 in operation at 14.11.2005, see reg. 1(1)

3.  In regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household)— N.I.

(a) in paragraph (3)(e)(8) for “in residential accommodation, a residential care home or a nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”;

(b) in paragraph (5)(b)(9) the words from “provided under” to “in regulation 21(3)” shall be omitted;

(c) in paragraph (8) before the definition of “an authority”(10) there shall be inserted the following definition—

““accommodation” means accommodation provided or arranged by the Department of Health, Social Services and Public Safety under Article 15 or 36 of the 1972 Order in a home owned or managed by a Health and Social Services Board or an HSS trust where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;”.

Commencement Information

I3 Sch. 1 para. 3 in operation at 14.11.2005, see reg. 1(1)

4.  In regulation 17(4)(a) (applicable amounts)(11) for head (iii) there shall be substituted the following head— N.I.

“(iii) in a residential care home, nursing home, an Abbeyfield Home or an independent hospital,”.

Commencement Information

I4 Sch. 1 para. 4 in operation at 14.11.2005, see reg. 1(1)

5.  In regulation 21 (special cases)— N.I.

(a) in paragraph (3) the definition of “residential accommodation”(12) shall be omitted, and

(b) paragraphs (3A) to (3C)(13) and (4)(14) to (4B)(15) shall be omitted.

Commencement Information

I5 Sch. 1 para. 5 in operation at 14.11.2005, see reg. 1(1)

6.  In regulation 42 (notional income) for paragraph (4A)(16) there shall be substituted the following paragraph— N.I.

“(4A) Where the claimant resides in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital, any payment made by a person other than the claimant or a member of his family in respect of some or all of the cost of maintaining the claimant or his partner in that home or hospital shall be treated as possessed by the claimant or his partner.”.

Commencement Information

I6 Sch. 1 para. 6 in operation at 14.11.2005, see reg. 1(1)

7.  In regulation 53 (calculation of tariff income from capital)— N.I.

(a) in paragraph (1B)(17)—

(i) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a) a residential care home, nursing home or an independent hospital;

(b) an Abbeyfield Home;”;

(ii) sub-paragraph (c) shall be omitted.

(b) in paragraph (1C)(18) for “accommodation” in both places where it occurs, there shall be substituted “hospital”;

(c) paragraph (4)(19) shall be omitted.

Commencement Information

I7 Sch. 1 para. 7 in operation at 14.11.2005, see reg. 1(1)

8.  In Schedule 3 (housing costs)(20)— N.I.

(a) in paragraph 3(13) (circumstances in which a person is to be treated as occupying a dwelling as his home) for head (c) there shall be substituted the following head—

“(c) “residential accommodation” means accommodation which is a residential care home, a nursing home, an Abbeyfield Home, or an independent hospital;”;

(b) in paragraph 4(1) (housing costs not met), in head (b) for “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” there shall be substituted “living in a residential care home, nursing home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital”.

Commencement Information

I8 Sch. 1 para. 8 in operation at 14.11.2005, see reg. 1(1)

9.  In Schedule 3A(21) (protected sum), in paragraph 7 (protected persons), for sub-paragraph (4)(22) there shall be substituted the following sub-paragraph— N.I.

“(4) Paragraph 6(b) shall not apply to a protected person if—

(a) he moves to accommodation where he—

(i) satisfies condition (i) or (iii) of sub-paragraph (1)(b);

(ii) is receiving both board and personal care other than in a residential care home, nursing home or an independent hospital;

(b) he becomes a patient within the meaning of regulation 21(3);

(c) on his ceasing to be a patient within the meaning of regulation 21(3) either—

(i) he returns to the accommodation which he occupied immediately before he became a patient, or

(ii) he moves to other accommodation where he—

(aa) satisfies condition (i) or (iii) of sub-paragraph (1)(b), or

(bb) is receiving both board and personal care other than in a residential care home, nursing home or an independent hospital, or

(d) in a case to which sub-paragraph (6) applies, on his becoming re-entitled to income support, he is in—

(i) the accommodation which he occupied immediately before he ceased to be entitled to income support, or

(ii) accommodation where he—

(aa) satisfies condition (i) or (iii) of sub-paragraph (1)(b), or

(bb) is receiving both board and personal care other than in a residential care home, nursing home or an independent hospital.”.

Commencement Information

I9 Sch. 1 para. 9 in operation at 14.11.2005, see reg. 1(1)

10.  In Schedule 7 (applicable amounts in special cases)— N.I.

(a) in paragraph 9(23) (specified cases of temporarily separated couples) at column (1)—

(i) in sub-paragraph (a) for heads (i) and (ii) there shall be substituted the following head—

“(i) not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or”;

(ii) in sub-paragraph (b) for heads (iii) and (iv) there shall be substituted the following head—

“or,

(iii) residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital.”;

(b) in paragraph 10(24) (polygamous marriages where one or more partners are temporarily separated) at column (1) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph—

“(a) not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital;”.

Commencement Information

I10 Sch. 1 para. 10 in operation at 14.11.2005, see reg. 1(1)

11.  In Schedule 8 (sums to be disregarded in the calculation of earnings), in paragraph 4(2)(25), 4(3)(a)(ii) and 4(4)(a) “or in residential accommodation” shall be omitted. N.I.

Commencement Information

I11 Sch. 1 para. 11 in operation at 14.11.2005, see reg. 1(1)

12.  In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)— N.I.

(a) in paragraph 15A(26)—

(i) in sub-paragraph (1) for “or nursing home by the Department” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital by the Department of Health, Social Services and Public Safety”;

(ii) in sub-paragraph (2)—

(aa) in head (a) for “or nursing home by the Department” there shall be substituted “, nursing home, Abbeyfield Home or independent hospital by the Department of Health, Social Services and Public Safety” and after “the home” there shall be inserted “or hospital”;

(bb) for head (b), there shall be substituted the following head—

“(b) the cost of the accommodation was in excess of what the Department of Health, Social Services and Public Safety would normally expect to pay having regard to the needs of the claimant as assessed by that Department.”;

(iii) in sub-paragraph (4) for “the Department and the cost the” there shall be substituted “the Department of Health, Social Services and Public Safety and the cost that”;

(b) in paragraph 30A(27)—

(i) in sub-paragraph (1) for “in a residential care home or nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital” and after “in that home” there shall be added “or hospital”;

(ii) in sub-paragraph (2) for “or nursing home is provided by the Department” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital is provided by the Department of Health, Social Services and Public Safety”;

(c) in paragraph 62(28) for “in a residential care or nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”.

Commencement Information

I12 Sch. 1 para. 12 in operation at 14.11.2005, see reg. 1(1)

13.  In Schedule 10 (capital to be disregarded), in paragraph 59(5)(29) for “being in residential accommodation, a residential care home or a nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”. N.I.

Commencement Information

I13 Sch. 1 para. 13 in operation at 14.11.2005, see reg. 1(1)

(1)

The definition of “the Registered Homes Order” was inserted by regulation 2(2)(a) of S.R. 1993 No. 149

(2)

The definition of “housing benefit expenditure” was substituted by regulation 4(1) of S.R. 1997 No. 22

(3)

The definition of “ nursing home” was substituted by regulation 2(1) of, and paragraph 1(a)(i) of Part I of the Schedule to S.R. 2002 No. 132

(4)

The definition of “residential accommodation” was substituted by regulation 2(c) of S.R. 1988 No. 318 and amended by paragraph 1 of Schedule 1 to S.R. 1989 No. 139 and regulation 2(1) of, and paragraph 1(a)(ii) of Part I of the Schedule to, S.R. 2002 No. 132

(5)

The definition of “residential care home” was inserted by regulation 2(2)(d) of S.R. 1993 No. 149 and substituted by regulation 2(1) of, and paragraph 1(a)(i) of Part I of the Schedule to S.R. 2002 No. 132

(6)

Paragraph (1A) was inserted by regulation 2(1) of, and paragraph 1(b) of Part I of the Schedule to, S.R. 2002 No. 132 and amended by regulation 3(2) of S.R. 2003 No. 261

(7)

Paragraph (4) was added by regulation 2(b)(iii) of S.R. 2000 No. 74 and sub-paragraph (d) was substituted by regulation 2(1) of, and paragraph 2 of Part I of the Schedule to, S.R. 2002 No. 132

(8)

Paragraph 3(e) was amended by paragraph 6(3) of Schedule 2 to, S.R. 1993 No. 149

(9)

Paragraph 5(b) was amended by regulation 8(d) of S.R. 1988 No. 146, regulation 3 and 10 of, and paragraph 3 of Schedule 1 to, S.R. 1989 No. 139 and regulation 8(a) of S.R. 1996 No. 199

(10)

The definition of “an authority” was inserted by regulation 2(3)(c)(i) of S.R. 1998 No. 2

(11)

Paragraph (4)(a)(iii) was added by regulation 2 of S.R. 1988 No. 193 and amended by paragraph 6(4) of Schedule 2 to, S.R. 1993 No. 149 and regulation 2(1) of, and paragraph 3 of Part I of the Schedule to, S.R. 2002 No. 132

(12)

The definition of “residential accommodation” was amended by paragraph 1(4)(a) of Schedule 1 to, S.R. 1993 No. 149 and paragraph 1(f) of Schedule 12 to, S.R. 1994 No. 65

(13)

Paragraph (3A) was inserted by regulation 2(b) of S.R. 1991 No. 345 and amended by paragraph 6(6) of Schedule 2 to, S.R. 1993 No. 149, regulation 2 of S.R. 1996 No. 489 and regulation 2(1) and paragraph 6(c) of the Schedule to, S.R. 2002 No. 132, paragraph (3B) was inserted by regulation 4(3)(a) of S.R. 1993 No. 165 and paragraph 1(g) of Schedule 12 to, S.R. 1994 No. 165 and paragraph (3C) was inserted by regulation 4(3)(a) of S.R. 1993 No. 165

(14)

Paragraph (4) was substituted by paragraph 1(4)(b) of Schedule 1 to, S.R. 1993 No. 149 and amended by regulation 2(6)(b) of S.R. 1995 No. 86

(15)

Paragraph (4A) was inserted by regulation 4(5)(b) of S.R. 1992 No. 403 and amended by paragraph 1(4)(c) of Schedule 1 to, S.R. 1993 No. 149 and paragraph (4B) was inserted by regulation 4(3)(b) of S.R. 1993 No. 165

(16)

Paragraph (4A) was inserted by regulation 4(4)(b) of S.R. 1994 No. 77 and amended by paragraph 10(h) of Schedule 1 to, S.R. 2003 No. 195

(17)

Paragraph (1B) was inserted by regulation 11(1)(b)(ii) of S.R. 1996 No. 93 and amended by regulation 8(a) and (b) of S.R. 1997 No. 22

(18)

Paragraph (1C) was inserted by regulation 11(1)(b)(ii) of S.R. 1996 No. 93

(19)

Paragraph (4) was added by regulation 11(1)(b)(iv) of S.R. 1996 No. 93

(20)

Schedule 3 was substituted by regulation 2 of S.R. 1995 No. 301

(21)

Schedule 3A was inserted by paragraph 16 of Schedule 1 and schedule 2 to, S.R. 1988 No. 318

(22)

Sub-paragraph (4) was amended by regulation 17(f) of S.R. 1988 No. 431

(23)

Paragraph 9 was amended by regulation 22 of S.R. 1988 No. 318, regulation 11(a) of S.R. 1989 No. 395, regulation 3(7)(a) of S.R. 1990 No. 387 and regulation 7 and paragraph 6(13)(a) of Schedule 2 to, S.R. 1993 No. 149

(24)

Paragraph 10 was amended by regulation 34(a) of S.R. 1988 No. 146, regulation 3(7)(b) of S.R. 1990 No. 387, paragraph 6(13)(b) and Schedule 2 to, S.R. 1993 No. 149 and regulation 2(8)(a) of S.R. 2003 No. 267

(25)

Paragraph 4 was substituted by regulation 9 of S.R. 1989 No. 139 and amended by regulation 3 of S.R. 2000 No. 366, paragraph 16(a) and Part I of the Schedule to, S.R. 2002 No. 132 and regulation 24(7)(c) of S.R. 2003 No. 191

(26)

Paragraph 15A was inserted by regulation 4(5)(c) of S.R. 1993 No. 165 and amended by regulation 2(1) of, and paragraph 17(c) of Part I of the Schedule to, S.R. 2002 No. 132 and regulation 2(9) of S.R. 2003 No. 267

(27)

Paragraph 30A was inserted by regulation 4(22)(e) of S.R. 1993 No. 373 and amended by regulation 2(1) of, and paragraph 17(f) of Part I of the Schedule to, S.R. 2002 No. 132

(28)

Paragraph 62 was added by regulation 9(1)(c)(ii) of S.R. 1998 No. 81

(29)

Paragraph 59 was inserted by regulation 2(1) of S.R. 2001 No. 150