The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003
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.
Amendment of the Social Fund Cold Weather Payments (General) Regulations 19883.
(1)
(2)
(a)
For “The” there shall be substituted “Subject to paragraph (3), the”;
(b)
(c)
(d)
“(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.
Amendment of the Social Fund Winter Fuel Payments Regulations 20005.
(1)
(2)
In regulation 1 (citation, commencement and interpretation)—
(a)
(b)
“(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.
SCHEDULE 1AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987
1.
2.
3.
4.
5.
In regulation 71 (applicable amounts in urgent cases)—
(a)
in paragraph (1)—
(i)
(ii)
(b)
6.
7.
8.
In Schedule 7 (applicable amounts in special cases)—
(a)
paragraphs—
(i)
(ii)
(iii)
(iv)
(v)
(vi)
shall be omitted.
9.
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
(a)
(b)
SCHEDULE 2AMENDMENT OF THE JOBSEEKER'S ALLOWANCE REGULATIONS 1996
1.
2.
3.
4.
5.
6.
7.
(a)
in paragraph (1)—
(i)
sub-paragraph (a)(v); and
(ii)
sub-paragraph (c),
shall be omitted; and
(b)
8.
(a)
in paragraph (1)—
(i)
sub-paragraph (a)(iv); and
(ii)
sub-paragraph (c),
shall be omitted; and
(b)
9.
10.
11.
In Schedule 5 (applicable amounts in special cases)—
(a)
(b)
paragraphs—
(i)
(ii)
(iii)
shall be omitted;
(c)
(d)
12.
(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)
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.