SCHEDULE 4 E+W+S

PART I E+W+S applicable amounts of persons in residential care and nursing homes

Residential care homes E+W+S

6.—(1) Subject to sub-paragraph (2) and paragraphs 8 to 11, where the accommodation provided for the claimant is a residential care home for persons in need of personal care by virtue of—

(a) old age, the appropriate amount shall be [F1 £185.00] per week;

(b) past or present mental disorder but excluding mental handicap, the appropriate amount shall be [F1 £195.00] per week;

(c) past or present drug or alcohol dependence, the appropriate amount shall be [F1 £195.00] per week;

(d) mental handicap, the appropriate amount shall be [F1 £225.00] per week;

(e) physical disablement, the appropriate amount shall be—

(i) in the case of a person to whom paragraph 8 applies, [F1 £255.00] per week, or

(ii) in any other case, [F1 £185.00 ] per week; or

(f) any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be [F1 £185.00] per week.

(2) Where the claimant is over pensionable age and—

[F2 (a) he is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act (welfare services) or, in Scotland has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or]

[F3 (b) he–

(i) is in receipt of attendance allowance at the higher rate in accordance with section 35(3) of the Social Security Act, or the care component of disability living allowance at the highest rate prescribed in accordance with section 37ZB(3) of the Social Security Act, or

(ii) has made a claim for attendance allowance or disability living allowance and, in respect of that claim, a decision has been made that he satisfies the conditions for receipt of either attendance allowance at the higher rate in accordance with section 35(3) of the Social Security Act, or the care component of disability living allowance at the highest rate prescribed in accordance with section 37ZB(3) of the Social Security Act, but he has not yet completed the qualifying period for that benefit; or]

(c) he is in receipt of any payment based on need for attendance which is payable—

(i) under section 61 of the Social Security Act F4

(ii) by virtue of article 14 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 F5 or article 14 of the Personal Injuries (Civilians) Scheme 1983 F6

the appropriate amount shall, except where sub-paragraph (1)(d) or (e)(i) applies, be [F7 £215.00] per week.

Textual Amendments

F1 Sch. 4 para. 6(1) sums amended (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(9), Sch. 6 Pt. I

F2 Sch. 4 para. 6(2)(a) substituted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 20(b)

F3 Sch. 4 para. 6(2)(b) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 11(5) (with reg. 1(2))

F4 subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50) section 39, Schedule 3 paragraph 6.

F5 S.I. 1983/883.

F6 S.I. 1983/686.

F7 Sch. 4 para. 6(2) sum substituted (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), art. 16(9)

Commencement Information

I1 Sch. 4 para. 6 in force at 11.4.1988, see reg. 1