The Income Support (General) Regulations 1987

Residential care homesE+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£221.00] per week;

(b)past or present mental disorder but excluding mental handicap, the appropriate amount shall be [F1£234.00] per week;

(c)past or present drug or alcohol dependence, the appropriate amount shall be [F1£234.00] per week;

(d)mental handicap, the appropriate amount shall be [F1£266.00] per week;

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

(i)in the case of a person to whom paragraph 8 applies, [F1£303.00] per week, or

(ii)in any other case, [F1£221.00] per week; or

(f)any condition not falling within sub-paragraphs (a) to (e) above, the appropriate amount shall be [F1£221.00] 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 entitled to attendance allowance at the higher rate in accordance with section 65(3) of the Contributions and Benefits Act, or the care component of disability living allowance at the highest rate prescribed in accordance with section 72(3) of the Contributions and Benefits 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 disability conditions, 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£256.00 ]per week.

[F8(3) In this paragraph—

(a)“the disability conditions” means—

(i)in the case of attendance allowance, the conditions in section 64(2) and (3) of the Contributions and Benefits Act; and

(ii)in the case of disability living allowance, the conditions in section 72(1)(b) and (c) of the Contributions and Benefits Act;

(b)“the qualifying period” means—

(i)in the case of attendance allowance, the period specified in section 65(1)(b) of the Contributions and Benefits Act; and

(ii)in the case of disability living allowance, the period specified in section 72(2)(a) of the Contributions and Benefits Act.]

Textual Amendments

F1Sums in Sch. 4 para. 6(1) substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts 1(2)(g), 16(7), Sch. 4. Pt. I

F3Sch. 4 para. 6(2)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 20(2)(a)

F4subsections (3) and (4) of section 61 were added by the Social Security Act 1986 (c. 50) section 39, Schedule 3 paragraph 6.

F7Sum in Sch. 4 para. 6(2) substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(g), 16(7)

F8Sch. 4 para. 6(3) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 20(2)(b)

Commencement Information

I1Sch. 4 para. 6 in force at 11.4.1988, see reg. 1