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2. In regulation 69 of the Adjudication Regulations(1) (review in income support cases), after paragraph (4) there shall be added the following paragraphs—
“(5) Where a claimant in receipt of income support, other than a claimant to whom Part II of Schedule 4 to the Income Support (General) Regulations 1987(2) applies, lives in a nursing home or residential care home and he is absent from the home for a period of less than one week, that absence shall not be treated as a relevant change of circumstances for the purposes of section 104(1)(b) and (bb) of the 1975 Act(3).
(6) In paragraph (5), “nursing home” and “residential care home” have the same meanings as they have in regulation 19 of the Income Support (General) Regulations 1987(4).”.
Relevant amending instrument is S.I. 1987/1970.
S.I. 1987/1967; relevant amending instrument is S.I. 1988/663.
Section 104(1) was substituted by the Social Security Act 1986 (c. 50), Schedule 5, paragraph 10(a). Section 104(1)(bb) was inserted by the Social Security Act 1989 (c. 24), Schedule 3 paragraph 11(1).
S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, S.I. 1988/1445, S.I. 1988/2022 and S.I. 1989/ 1678.
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