The Social Security Benefits (Miscellaneous Amendments) Regulations 1993

Amendment of the Social Security Benefits (Amendments Consequential upon the Introduction of Community Care) Regulations 1992

4.—(1) The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992(1) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 7 (amendments relating to disability living allowance)—

(a) in paragraph (4), after sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(za) on 31st March 1993, he was—

(i) entitled either to—

(aa) the care component of disability living allowance, or

(bb) income support and his applicable amount was calculated in accordance with regulation 19 of the Income Support (General) Regulations 1987 (persons in residential care and nursing homes)(2); and

(ii) living in a home which was not registered under the Registered Homes Act 1984(3) but which on 1st April 1993 was required to be registered under that Act as a residential care home by virtue of the amendments made to it by the Registered Homes (Amendment) Act 1991 (4) (which extends registration to small homes); or”;

(b) also in paragraph (4), in sub-paragraph (b), for the words “in such a home” there shall be substituted the words “in a home such as is mentioned in either of the preceding sub-paragraphs”;

(c) in paragraph (5), for the words “paragraph (3)(a)” there shall be substituted the words “paragraph (4)(a) or (za)”.

(3) In regulation 8 (amendments relating to attendance allowance)—

(a) in paragraph (4), after sub-paragraph (a) there shall be inserted the following sub-paragraph—

“(za) on 31st March 1993, he was—

(i) entitled either to—

(aa) attendance allowance, or

(bb) income support and his applicable amount was calculated in accordance with regulation 19 of the Income Support (General) Regulations 1987 (persons in residential care and nursing homes); and

(ii) living in a home which was not registered under the Registered Homes Act 1984 but which on 1st April 1993 was required to be registered under that Act as a residential care home by virtue of the amendments made to it by the Registered Homes (Amendment) Act 1991 (which extends registration to small homes); or”;

(b) also in paragraph (4), in sub-paragraph (b), for the words “in such a home” there shall be substituted the words “in a home such as is mentioned in either of the preceding sub-paragraphs”;

(c) in paragraph (5), for the words “paragraph (3)(a)” there shall be substituted the words “paragraph (4)(a) or (za)”.

(1)

S.I. 1992/3147.

(2)

S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 1445, 2022, 1989/1678, 1991/1033 and 1992/3147.

(3)

1984 c. 23.

(4)

1991 c. 20.