Income support: Preserved rights
2. In regulation 19 of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes) after paragraph (1ZQ) M1 there is inserted —
“(1ZR) A person who acquired a preserved right under paragraph (1ZB) or (1ZC) M2 shall cease to have that right if —
(a)he resides in a home which falls within sub-paragraph (c) of the definition of “residential care home" in paragraph (3) (homes run by the Abbeyfield Society) and which is not registered or deemed to be registered under any of the enactments referred to in sub-paragraph (a) or (e) of that definition;
(b)he requires personal care, including assistance with bodily functions, and that residential care home does not provide such care; and
(c)he, or a person on his behalf, contracts with another person or body to provide that care,
but that preserved right shall revive if any of the conditions specified in sub-paragraphs (a) to (c) above ceases to apply and that person would, but for this provision, have retained that right.”.
Marginal Citations
M1Paragraph (1ZQ) was inserted by S.I. 1994/2139, regulation 24(5).
M2Paragraphs (1ZB) and (lZC) were inserted by S.I. 1992/3147, regulation 3(1)(b).