2003 No.1121

SOCIAL SECURITY

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

Made

Laid before Parliament

Coming into force

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), 135(1), 137(1), 138(2) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921 and sections 4(5), 35(1) and 36(2) of the Jobseekers Act 19952 and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it3, hereby makes the following Regulations:

Citation and commencement1

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 19872

The Income Support (General) Regulations 19874 shall be amended in accordance with Schedule 1 to these Regulations.

Amendment of the Social Fund Cold Weather Payments (General) Regulations 19883

1

The Social Fund Cold Weather Payments (General) Regulations 19885 shall be amended in accordance with this regulation.

2

In regulation 1A6 (prescribed description of persons)—

a

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

b

in sub-paragraph (i)7 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)8 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)9 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)10 of the Income Support (General) Regulations 1987;

b

a residential care home within the meaning given by regulation 2(1)11 of the Income Support (General) Regulations 1987;

c

residential accommodation within the meaning given by regulation 21(3)12 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 194713 (provision by the Secretary of State of accommodation in camps).

Amendment of the Jobseeker’s Allowance Regulations 19964

The Jobseeker’s Allowance Regulations 199614 shall be amended in accordance with Schedule 2 to these Regulations.

Amendment of the Social Fund Winter Fuel Payments Regulations 20005

1

The Social Fund Winter Fuel Payments Regulations 200015 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)16 of the Income Support Regulations (interpretation)”; and

b

for paragraph (3A)17 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)18 of the Income Support Regulations.

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

Maria EagleParliamentary Under-Secretary of State,Department for Work and Pensions

SCHEDULE 1AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987

Regulation 2

1

In paragraph (1) of regulation 2 (interpretation) the definition of “residential allowance”19 shall be omitted.

2

In paragraph (1) of regulation 17 (applicable amounts) sub-paragraph (bb)20 shall be omitted.

3

In paragraph (1) of regulation 18 (polygamous marriages) sub-paragraph (cc)21 shall be omitted.

4

In paragraph (1B)22 of regulation 21 (special cases) for the words “paragraph 10A, 10B, 10C or 13” there shall be substituted “paragraph 13(2)”.

5

In regulation 71 (applicable amounts in urgent cases)—

a

in paragraph (1)—

i

in sub-paragraph (a) head (vi)23 shall be omitted; and

ii

sub-paragraph (c)24 shall be omitted; and

b

paragraph (1A)25 shall be omitted.

6

In Schedule 2 (applicable amounts) paragraph 2A26 shall be omitted.

7

Schedule 3C27 (the Greater London area) shall be omitted.

8

In Schedule 7 (applicable amounts in special cases)—

a

paragraphs—

i

10A28 (single claimants temporarily in local authority accommodation);

ii

10B29 (couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation);

iii

10C30 (lone parents who are in residential accommodation temporarily);

iv

13(1)31 (persons in residential accommodation) in columns (1) and (2);

v

13A32 (polish resettlement); and

vi

13B33 (polish resettlement: persons temporarily absent from accommodation),

shall be omitted.

9

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

a

in paragraph 934 the words from “, but” to the end of that paragraph shall be omitted; and

b

paragraph 15B35 shall be omitted.

SCHEDULE 2AMENDMENT OF THE JOBSEEKER'S ALLOWANCE REGULATIONS 1996

Regulation 4

1

In paragraph (3) of regulation 136 (citation, commencement and interpretation) the definition of “residential allowance” shall be omitted.

2

In regulation 8337 (applicable amounts) sub-paragraph (c) shall be omitted.

3

In paragraph (1) of regulation 8438 (polygamous marriages) sub-paragraph (d) shall be omitted.

4

In regulation 85 (special cases) paragraph (2A)39 shall be omitted.

5

In regulation 86A40 (applicable amounts for joint-claim couples) paragraph (b) shall be omitted.

6

In regulation 86B41 (applicable amounts for joint-claim couples: polygamous marriages) paragraph (c) shall be omitted.

7

In regulation 14842 (applicable amounts in urgent cases)—

a

in paragraph (1)—

i

sub-paragraph (a)(v); and

ii

sub-paragraph (c),

shall be omitted; and

b

paragraph (1A)43 shall be omitted.

8

In regulation 148A44 (applicable amount in urgent cases: joint-claim couples)—

a

in paragraph (1)—

i

sub-paragraph (a)(iv); and

ii

sub-paragraph (c),

shall be omitted; and

b

paragraph (1A)45 shall be omitted.

9

In Schedule 1 (applicable amounts) paragraph 346 shall be omitted.

10

Schedule 347 (the Greater London Area) shall be omitted.

11

In Schedule 5 (applicable amounts in special cases)—

a

in column (1) of paragraph 148 (person other than claimant who is a patient) for the words “, 15 and 17” there shall be substituted “and 15”;

b

paragraphs—

i

749 (single claimants temporarily in local authority accommodation);

ii

850 (couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation);

iii

951 (lone parents who are in residential accommodation temporarily),

shall be omitted;

c

in columns (1) and (2) of paragraph 1552 (persons in residential accommodation) sub-paragraph (1) shall be omitted; and

d

in column (2) of paragraph 17A53 (joint-claim couples where a claim is made other than jointly by both members) the words “or 86” in both places shall be omitted.

12

In Schedule 5A54 (applicable amounts of joint-claim couples in special cases)—

a

in column (1) of paragraph 1 (patients) for the words “Subject to paragraphs 9 and 11, a” there shall be substituted “A”; and

b

paragraph 955 (members of joint-claim couples in residential accommodation) shall be omitted.

(This note is not part of the Regulations)

These Regulations provide for the cessation, from 6th October 2003, of the payment of a residential allowance to recipients of income support or income-based jobseeker’s allowance who are residing in residential care homes or nursing homes. These Regulations also provide for the cessation, from 6th October 2003, of the payment of special amounts to recipients of income support or income-based jobseeker’s allowance who are in residential accommodation as defined in regulation 21(3) of the Income Support (General) Regulations 1987 (S.I.1987/1967) (“the Income Support Regulations”) or who are residing in accommodation provided under the Polish Resettlement Act 1947 (c. 19).

These Regulations also amend the Social Fund Cold Weather Payments (General) Regulations 1988 (S.I.1988/1724) (“the Cold Weather Payments Regulations”) to provide that from 6th October 2003 those who are residing in residential care homes, nursing homes, residential accommodation or accommodation provided under the Polish Resettlement Act 1947 shall not be entitled to a cold weather payment under those Regulations (regulation 3).

Regulations 2 and 4 and Schedules 1 and 2 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations 1996 (S.I.1996/207) (“the Jobseeker’s Allowance Regulations”).

Paragraph 1 of Schedule 1 and paragraph 1 of Schedule 2 omit the definition of “residential allowance” from the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively.

Paragraph 6 of Schedule 1 and paragraph 9 of Schedule 2 omit the provisions relating to applicable amounts of residential allowance in the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively.

Paragraphs 5(b) and 8 of Schedule 1 and paragraphs 8, 11 and 12 of Schedule 2 omit provisions in the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively which relate to the special amounts payable to certain people in residential accommodation.

Paragraph 8 of Schedule 1 also omits paragraphs 13A and 13B of Schedule 7 to the Income Support Regulations which provide for the amount of the special rates of benefit payable to those residing in accommodation provided under the Polish Resettlement Act 1947.

Paragraph 9(b) of Schedule 1 omits paragraph 15B of Schedule 9 to the Income Support Regulations. Paragraph 15B provides that 50 per cent. of income received from an occupational or personal pension or retirement annuity contract shall be disregarded if the claimant lives in a Polish resettlement home, he is not residing with his spouse, and at least 50 per cent. of that income is being paid to or in respect of his spouse for that spouse’s maintenance.

The remaining paragraphs of Schedules 1 and 2 make consequential amendments to the Income Support Regulations and the Jobseeker’s Allowance Regulations.

Regulations 3 and 5 consequentially amend the Cold Weather Payments Regulations and the Social Fund Winter Fuel Payments Regulations 2000 (S.I.2000/729) respectively.

These Regulations do not impose a charge on business.