The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 2001

Statutory Instruments

2001 No. 1785

SOCIAL SECURITY

The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 2001

Made

9th May 2001

Laid before Parliament

11th May 2001

Coming into force

2nd July 2001

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 123(1)(a), 135(1), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(1) and sections 4(5), 35(1) and 36(1) and (2) of the Jobseekers Act 1995(2) and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it(3), hereby makes the following Regulations:

Citation and commencement

1.—(1) These Regulations shall be cited as the Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 2001 and shall, subject to paragraphs (2) and (3) below, come into force on 2nd July 2001.

(2) Regulation 2 of these Regulations shall, in relation to a claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 2nd July 2001 and in this paragraph, the expressions “benefit week” and “claimant” shall have the same meaning as in regulation 2(1) of the Income Support (General) Regulations 1987(4).

(3) Regulation 3 of these Regulations shall, in relation to a claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 2nd July 2001 and in this paragraph, the expression “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations 1996(5).

Income Support: amounts for those in residential care and nursing homes

2.  In Schedule 4 to the Income Support (General) Regulations 1987(6) (applicable amounts of persons in residential care and nursing homes)—

(a) in paragraph 6 (residential care homes)—

(i) in sub-paragraph (1)(a), for the sum “£225” there shall be substituted the sum “£229”;

(ii) in sub-paragraph (1)(b), for the sum “£238” there shall be substituted the sum “£243”;

(iii) in sub-paragraph (1)(c), for the sum “£238” there shall be substituted the sum “£243”;

(iv) in sub-paragraph (1)(d), for the sum “£271” there shall be substituted the sum “£276”;

(v) in sub-paragraph (1)(e)—

(aa) in (i), for the sum “£308” there shall be substituted the sum “£314”;

(bb) in (ii), for the sum “£225” there shall be substituted the sum “£229”;

(vi) in sub-paragraph (1)(f), for the sum “£225” there shall be substituted the sum “£229”;

(vii) in sub-paragraph (2), for the sum “£261” there shall be substituted the sum “£265”;

(b) in paragraph 7 (nursing homes)—

(i) in sub-paragraph (a), for the sum “£337” there shall be substituted the sum “£343”;

(ii) in sub-paragraph (b), for the sum “£343” there shall be substituted the sum “£349”;

(iii) in sub-paragraph (c), for the sum “£337” there shall be substituted the sum “£343”;

(iv) in sub-paragraph (d)—

(aa) in (i), for the sum “£379” there shall be substituted the sum “£387”;

(bb) in (ii), for the sum “£336” there shall be substituted the sum “£342”;

(v) in sub-paragraph (e), for the sum “£336” there shall be substituted the sum “£342”;

(vi) in sub-paragraph (f), for the sum “£336” there shall be substituted the sum “£342”;

(c) in paragraph 11(1) (Greater London increase)—

(i) in sub-paragraph (a), for the sum “£47” there shall be substituted the sum “£48”;

(ii) in sub-paragraph (b), for the sum “£52” there shall be substituted the sum “£53”.

Jobseeker’s Allowance: amounts for those in residential care and nursing homes

3.  In both Schedules 4 and 4A to the Jobseeker’s Allowance Regulations 1996(7) (applicable amounts of persons in residential care and nursing homes)—

(a) in paragraph 5 of Schedule 4 and paragraph 6 of Schedule 4A (residential care homes)—

(i) in sub-paragraph (a), for the sum “£238” there shall be substituted the sum “£243”;

(ii) in sub-paragraph (b), for the sum “£238” there shall be substituted the sum “£243”;

(iii) in sub-paragraph (c), for the sum “£271” there shall be substituted the sum “£276”;

(iv) in sub-paragraph (d), for the sum “£308” there shall be substituted the sum “£314”;

(v) in sub-paragraph (e), for the sum “£225” there shall be substituted the sum “£229”;

(b) in paragraph 6 of Schedule 4 and paragraph 7 of Schedule 4A (nursing homes)—

(i) in sub-paragraph (a), for the sum “£337” there shall be substituted the sum “£343”;

(ii) in sub-paragraph (b), for the sum “£343” there shall be substituted the sum “£349”;

(iii) in sub-paragraph (c), for the sum “£337” there shall be substituted the sum “£343”;

(iv) in sub-paragraph (d), for the sum “£379” there shall be substituted the sum “£387”;

(v) in sub-paragraph (e), for the sum “£336” there shall be substituted the sum “£342”;

(vi) in sub-paragraph (f), for the sum “£336” there shall be substituted the sum “£342”;

(c) in paragraph 9(1) of Schedule 4 and paragraph 10(1) of Schedule 4A (Greater London increase)—

(i) in sub-paragraph (a), for the sum “£47” there shall be substituted the sum “£48”;

(ii) in sub-paragraph (b), for the sum “£52” there shall be substituted the sum “£53”.

Signed by authority of the Secretary of State for Social Security

Hugh Bayley

Parliamentary Under-Secretary of State

Department of Social Security

9th May 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967) and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) by increasing the applicable amounts in those benefits in respect of those in residential care and nursing homes.

These Regulations do not impose any charge on business.

(1)

1992 c. 4; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

(2)

1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

(3)

See sections 170 and 173(10)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

(4)

S.I. 1987/1967; the definition of “benefit week” was amended by S.I. 1988/1445.

(5)

S.I. 1996/207; the definition of “benefit week” was amended by S.I. 1996/1517 and 2538.

(6)

The relevant amending instrument is S.I. 2001/207.

(7)

The relevant amending instruments are S.I. 2000/1978 and 2001/207.