Amendment of Schedule 7 to the Income Support Regulations26

1

Schedule 7 to the Income Support Regulations (applicable amounts in special cases) shall be amended in accordance with the following paragraphs.

2

In paragraph 13A (Polish resettlement)36—

a

in Column (1)—

i

paragraph 13A shall be re-numbered paragraph 13A(1) and the following words shall be added at the end—

  • where the claimant both requires personal care and is provided with it in the accommodation and—

    1. a

      is resident in that accommodation on 31st March 1995 or is temporarily absent on that date; or

    2. b

      is first provided with such accommodation and care on or after 1st April 1995; or

    3. c

      is re-admitted to such accommodation on or after 1st April 1995 where his absence has been other than temporary.

ii

after the renumbered paragraph 13A(1) the following sub-paragraphs shall be added—

2

In this paragraph “personal care” means care which includes assistance with bodily functions where such assistance is required.

3

An absence is temporary for the purposes of sub-paragraph (1) where the absent resident with the agreement of the manager of the accommodation intends to return to the accommodation in due course.

b

In Column (2)—

i

in sub-paragraph (1)(b), the following words shall be added at the end “or, in the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, determined in accordance with sub-paragraph (3A) below.”;

ii

in sub-paragraph (3) the following words shall be inserted at the beginning, “Except where the claimant is a person to whom sub-paragraph (1)(b) or (c) of Column (1) refers,”;

iii

after sub-paragraph (3) the following new sub-paragraph shall be inserted—

3A

In the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, the amount for personal expenses referred to in sub-paragraph (1)(b) above, shall be the aggregate of the amounts which are relevant to him and which are referred to in Schedule 4 paragraph 13.

iv

in sub-paragraph (4) for the words “sub-paragraph (1)(b)(ii)” there shall be substituted the words “sub-paragraph (2)(b)(ii)”.

3

In paragraph 19(b) (claimants entitled to a disability premium for a past period)—

a

for the words “paragraph 6(4) of Schedule 7 to those Regulations” there shall be substituted the words “regulation 6(3) of those Regulations”37; and

b

for the words “ending with the day” there shall be substituted the words “ending with the day before the day”.