The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992

8.—(1) In paragraph 4(1) of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987(1), for the words preceding “the adjudicating authority may determine”, there shall be substituted the words—

“4.— (1) Where an award of income support—

(a) is made to a person in a residential care home or nursing home as defined in regulation 19(3) of the Income Support Regulations(2), or

(b) includes an amount under Schedule 4 (persons in residential care and nursing homes) or paragraph 13 (residential accommodation) or 13A (Polish resettlement) of Schedule 7 to the Income Support Regulations,

(hereafter in this paragraph referred to as “miscellaneous accommodation costs”)”.

(2) In paragraph 4(2) of that Schedule(3), after head (a), there shall be inserted the following head—

“(aa) an amount equal to the amount of any payment the beneficiary is liable to make to the local authority under section 22 of the National Assistance Act 1948(4).”.

(1)

S.I. 1987/1968; the relevant amending instruments are S.I. 1989/136, 1686, and 1991/2284.

(2)

See regulation 2(1).

(3)

Paragraph 4(2) was amended by S.I. 1989/136 and 1686.

(4)

1948 c. 29; section 22 is extended by the Local Authority Social Services Act 1970 (c. 42), s.2(1), Schedule 1; in Scotland subsection (1) was repealed and subsections (2) to (9) applied with modifications by the Social Work (Scotland) Act 1968 (c. 49) section 87(3) and (4) and Schedule 9, Part I; section 22 is further amended by section 44(1) to (6) and Schedule 10 to the National Health Service and Community Care Act 1990 (c. 19).