The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003

Citation and commencement

1.  These Regulations may be cited as the Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 and shall come into force on 6th October 2003.

Amendment of the Income Support (General) Regulations 1987

2.  The Income Support (General) Regulations 1987(1) shall be amended in accordance with Schedule 1 to these Regulations.

Amendment of the Social Fund Cold Weather Payments (General) Regulations 1988

3.—(1) The Social Fund Cold Weather Payments (General) Regulations 1988(2) shall be amended in accordance with this regulation.

(2) In regulation 1A(3) (prescribed description of persons)—

(a) For “The” there shall be substituted “Subject to paragraph (3), the”;

(b) in sub-paragraph (i)(4) the words “, but does not include the allowance specified in paragraph 2A of that Schedule (residential allowances)” shall be omitted;

(c) in sub-paragraph (ia)(5) the words “but does not include the allowance specified in paragraph 3 of that Schedule (residential allowances)” shall be omitted; and

(d) after paragraph (2)(6) there shall be inserted the following paragraph—

“(3) Paragraph (1) does not apply to a person who resides in—

(a) a nursing home within the meaning given by regulation 2(1)(7) of the Income Support (General) Regulations 1987;

(b) a residential care home within the meaning given by regulation 2(1)(8) of the Income Support (General) Regulations 1987;

(c) residential accommodation within the meaning given by regulation 21(3)(9) of the Income Support (General) Regulations 1987; or

(d) accommodation provided under section 3(1) of, and Part II of the Schedule to, the Polish Resettlement Act 1947(10) (provision by the Secretary of State of accommodation in camps).”.

Amendment of the Jobseeker’s Allowance Regulations 1996

4.  The Jobseeker’s Allowance Regulations 1996(11) shall be amended in accordance with Schedule 2 to these Regulations.

Amendment of the Social Fund Winter Fuel Payments Regulations 2000

5.—(1) The Social Fund Winter Fuel Payments Regulations 2000(12) shall be amended in accordance with this regulation.

(2) In regulation 1 (citation, commencement and interpretation)—

(a) in paragraph (2), in the definition of “nursing home” for the words “regulation 19(3) of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes)” there shall be substituted the words “regulation 2(1)(13) of the Income Support Regulations (interpretation)”; and

(b) for paragraph (3A)(14) there shall be substituted the following paragraph—

“(3A) For the purposes of paragraph (3)(a)(i) “residential care home” has the meaning given to that expression by virtue of sub-paragraphs (a), (c) and (d) of that definition in regulation 2(1)(15) of the Income Support Regulations.”.

Signed by authority of the Secretary of State for Work and Pensions.

Maria Eagle

Parliamentary Under-Secretary of State,

Department for Work and Pensions

17th April 2003