The Social Security (Miscellaneous Provisions) Amendment Regulations 1991

Amendment of paragraph 1 of Schedule 9 to the Claims and Payments Regulations

12.—(1) In paragraph 1 of Schedule 9 to the Claims and Payments Regulations (interpretation)—

(a)for the definitions of “5 per cent. of the personal allowance for the single claimant aged not less than 25” and of “10 per cent. of the personal allowance for the single claimant aged not less than 25”(1) there shall be substituted the following definition—

“5 per cent. of the personal allowance for a single claimant aged not less than 25” means where the percentage is not a multiple of 5 pence the sum obtained by rounding that 5 per cent. to the next higher such multiple;;

(b)after the definition of “5 per cent. of the personal allowance for a single claimant aged not less than 25” there shall be inserted the following definition—

  • “hostel” means a building other than a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support Regulations(2) or residential accommodation within the meaning of regulation 21(3) of those Regulations(3)

    (a)

    in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and selfcontained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and—

    (b)

    which is—

    (i)

    managed by or owned by a housing association registered with the Housing Corporation established by the Housing Act 1964(4); or

    (ii)

    managed or owned by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988(5), or

    (iii)

    operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; or

    (iv)

    managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community.

    (c)

    In sub-paragraph (iv) above, “voluntary organisation” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;;

(c)after the definition of “hostel” there shall be inserted the following definition—

“housing authority” means a local authority, a new town corporation, Scottish Homes or the Development Board for Rural Wales;;

(d)in the definition “housing costs”—

(i)for the words “paragraph 1(a)” there shall be substituted the words “paragraph 1(a), (aa),”; and

(ii)after the word “Regulations” there shall be added the words “and payments analogous to those specified in this definition”;

(e)in the definition “mortgage payment” for the words “interest on a mortgage” there shall be substituted the words “interest on a loan whether or not secured by way of a mortgage or under an heritable security”;

(f)in the definition “personal allowance for a single claimant aged not less than 25 years” for the words “paragraph 1(1)(c)” there shall be substituted the words “paragraph 1(1)(e)”; and

(g)after the definition “water charges” there shall be added the following definition—

“water undertaker” means a company which has been appointed under section 11(1) of the Water Act 1989(6) to be the water or sewerage undertaker for any area in England and Wales..

(1)

Inserted by S.I. 1988/522.

(2)

Relevant amending instruments are S.I. 1988/663, S.I. 1988/1445 and S.I. 1988/2022.

(3)

Relevant amending instrument is S.I. 1989/534.