The Supplementary Benefit (Requirements and Resources) Amendment Regulations 1987

Transitional provisions

3.—(1) Where a claimant immediately before 27th July 1987 was–

(a) in receipt of a pension or allowance as a boarder resident in a residential care home which was not required to register under Part I of the Registered Homes Act 1984 because section 1(4) of that Act applied to it; or

(b) would have been in receipt of a pension or allowance as such a boarder but for his temporary absence from that home,

then notwithstanding the amendment made by regulation 2(2)(b)(ii) of these Regulations, provided the conditions in paragraph (2) are satisfied, his appropriate amount shall be determined in accordance with paragraph 1 of Schedule 1A to the Supplementary Benefit (Requirements) Regulations 1983 as if the amendment had not been made.

(2) The conditions to be satisfied for the purposes of paragraph (1) are that–

(a) the claimant’s pension or allowance in respect of the period immediately prior to the 27th July 1987 was calculated on the basis that his appropriate amount was that prescribed under paragraph 1 of Schedule 1A to those Regulations, or would have been but for the temporary absence of the claimant from the home, and the determination awarding that pension or allowance had been made by an adjudication officer on a date prior to the 27th July 1987; and

(b) the claimant since 27th July 1987 has been continuously entitled to a supplementary pension or allowance; and

(c) the claimant has since the 27th July 1987 continued to be resident in that same home, apart from any temporary absence; and

(d) the home before and continuously after 27th July 1987 provides both accommodation, board and personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder, to the claimant.