The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003

Statutory Instruments

2003 No. 1195

SOCIAL SECURITY

The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003

Made

30th April 2003

Laid before Parliament

6th May 2003

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 52(4) and 54 of, and paragraph 5(a) of Schedule 1 to, the Child Support Act 1991 M1 , sections 123(1)(a), (d) and (e), 130(4), 131(10), 135(1), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 M2 , sections 73(1)(b) and 189(1), (4) and (5) of the Social Security Administration Act 1992 M3 , sections 4(5) and 36(1), (2) and (4)(a) of the Jobseekers Act 1995 M4 and sections 2(3) and (6), 13(1), 17(1) and 19(1) of the State Pension Credit Act 2002 M5 , and all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned M6 , and after agreement by the Social Security Advisory Committee that the proposals to make these Regulations should not be referred to it M7 , hereby makes the following Regulations:

Marginal Citations

M1 1991 c. 48; section 54 is cited for the meaning ascribed to the word “prescribed”; Schedule 1 was substituted by section 1 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

M2 1992 c. 4; section 123(1)(e) and section 131 were substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraphs 1(1) and 4 respectively; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

M3 1992 c. 5; section 73 was amended by the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 49.

M4 1995 c. 18.

M5 2002 c. 16; section 17(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

M6 See the Social Security Administration Act 1992, section 176(1)(a) which was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 23.

M7 See the Social Security Administration Act 1992, section 173(1)(b).

Citation and commencement

1.  These Regulations may be cited as the Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 and shall come into force for the purposes of—

(a) this regulation and regulations 7 to 10, on 21st May 2003;

(b) regulation 2—

(i) in so far as it relates to a particular beneficiary other than a beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003 if it is his appropriate pay day or, if not, on his appropriate pay day next following 21st May 2003, and for the purposes of this sub-paragraph “appropriate pay day” shall be construed in accordance with regulation 22(3) of, and Schedule 6 to, the Social Security (Claims and Payments) Regulations 1987 M8 ; and

(ii) in so far as it relates to a particular beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003;

(c) regulation 3, in so far as it relates to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph “benefit week” has the same meaning as in the Income Support (General) Regulations 1987 M9 ;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) regulation 6, in so far as it relates to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations 1996 M10

Textual Amendments

F1 Reg. 1(d)(e) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal Citations

M8 S.I. 1987/1968.

M9 S.I. 1987/1967.

M10 S.I. 1996/207.

Amendment of the Social Security (Hospital In-Patients) Regulations 1975

F2 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Regs. 2-6 revoked (10.4.2006) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.

Amendment of the Income Support (General) Regulations 1987

F2 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Regs. 2-6 revoked (10.4.2006) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.

Amendment of the Housing Benefit (General) Regulations 1987

F2 F3 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Regs. 2-6 revoked (10.4.2006) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.

F3 Reg. 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Amendment of Council Tax Benefit (General) Regulations 1992

F2 F4 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Regs. 2-6 revoked (10.4.2006) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.

F4 Reg. 5 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Amendment of the Jobseeker’s Allowance Regulations 1996

F2 F2 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Regs. 2-6 revoked (10.4.2006) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.

Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000

7.  In the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 M11 , in regulation 5 (nil rate)—

(a) in paragraph (g)—

(i) for “1(a) or (b)” substitute “ 1(b) or 2 ”; and

(ii) for “6” substitute “ 52 ”;

(b) in paragraph (gg) M12 —

(i) after “Regulations” insert “ 2002 ”; and

(ii) for “at least 13 but not exceeding” substitute “ more than ”; and

(c) in paragraph (h) for “4(d)” substitute “ 4 ”.

Marginal Citations

M11 S.I. 2001/155; these regulations come into force in relation to a particular case on the day on which Part I of Schedule 1 to the Child Support Act 1991 as amended by the Child Support, Pensions and Social Security Act 2000 comes into force in relation to that type of case.

M12 Paragraph (gg) was inserted by S.I. 2002/3019.

Amendment of the State Pension Credit Regulations 2002

F5 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Regs. 8-10 revoked (10.4.2006) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.

Amendment of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002

F5 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Regs. 8-10 revoked (10.4.2006) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.

Amendment of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003

F5 F6 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Regs. 8-10 revoked (10.4.2006) by Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(e), 9(2), Sch.

F6 Reg. 10 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

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

Malcolm Wicks

Parliamentary Under-Secretary of State,

Department for Work and Pensions

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Hospital In-Patients) Regulations 1975 in respect of specified benefits and other regulations in respect of income support, housing benefit, council tax benefit, jobseeker’s allowance, state pension credit and child support maintenance calculations.

Regulations 2(3) and (5) provide that a beneficiary’s weekly rate of specified benefits will not be adjusted after he has received 6 weeks of free in-patient treatment but only after he has received 52 weeks of such in-patient treatment. Regulations 3(5)(a), 4(2) and (3), 5(2) and (3) and 8(3) make similar provision in respect of income support, housing benefit, council tax benefit and state pension credit respectively. Provision is made in regulation 2(8) and in other regulations, in particular regulation 6(5)(a) in respect of income-based jobseeker’s allowances, for the amount of dependency benefit to be adjusted after a dependant of a beneficiary has received 52 weeks of free in-patient treatment.

Regulation 2(9) stops the downrating of specified benefits immediately a person enters hospital to receive free in-patient treatment after living in prescribed residential accommodation provided and managed by a local authority. Regulations 3(5)(b) and 6(5)(b) make similar provision in respect of income support and income-based jobseeker’s allowance.

Regulations 3(2) and (5)(c) and 6(2) specify the period as a hospital in-patient which is to be regarded as a temporary absence from a specified care home.

Regulations 3(4), 6(4), 4(4), 5(4), and 8(2) provide that, to calculate the applicable amount for the purposes of a beneficiary’s income support or income-based jobseeker’s allowance, the maximum amount of his housing benefit or council tax benefit or the housing costs element of his state pension credit respectively, no deduction will be made for a non-dependant receiving free in-patient treatment when the treatment has continued for over 52 weeks.

Regulation 7 provides for child support maintenance to be payable at a nil rate after a non-resident parent in receipt of income support or state pension credit has received 52 weeks of free in-patient treatment.

Regulations 9 and 10 remove provisions which are rendered superfluous by the previous amendments.

These Regulations do not impose a charge on business.