2005 No. 2687
The Social Security (Care Homes and Independent Hospitals) Regulations 2005
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 67(2)(a) and (b), 72(8)(a) and (b), 123(1)(a), (d) and (e), 130(2) and (4), 135(1) and (2), 136(2), (3), (4) and (5), 136A(2), (3) and (4) M1, 137(1), 137(2)(h) and (i), 138(1)(a), (2) and (4), and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 M2, sections 1(1C) M3, 5(1)(p), 5(6) M4 and 189(4) and (5) of the Social Security Administration Act 1992 M5, sections 4(5) and (12), 12(1), (2) and (4)(a), 20(4), 20B(4) M6, 35(1) and 36(1) and (2) of and paragraphs 1(2)(b), 8, 8A M7, 10(1) and (2) and 12 of Schedule 1 to the Jobseekers Act 1995 M8, section 122(5) of the Housing Act 1996 M9, sections 62(4)(c), 63(4)(c) and 65(1) of the Child Support, Pensions and Social Security Act 2000 M10, sections 7(4)(c), 8(4)(c) and 11(1) of the Social Security Fraud Act 2001 M11, sections 2(3)(b), 6(1), 15(2) and (6)(b) and 17(2)(a) of the State Pension Credit Act 2002 M12 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 it M13, makes the following Regulations:
Section 1C was inserted by section 19 of the Social Security Administration (Fraud) Act 1997 (c. 47).
Section 5(6) was inserted by section 120 of the Housing Act 1996 (c. 52).
Section 20B was inserted by section 59 of the Welfare Reform and Pensions Act 1999 (c. 30).
Paragraph 8A was inserted by section 59 of the Welfare Reform and Pensions Act 1999.
1996. c52.
See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5).
Citation and commencement1
These Regulations shall be cited as the Social Security (Care Homes and Independent Hospitals) Regulations 2005 and shall come into force on 24th October 2005.
Amendment of the Income Support (General) Regulations 19872
The Income Support (General) Regulations 1987 M14 shall be amended in accordance with Schedule 1 to these Regulations.
Amendment of the Jobseeker's Allowance Regulations 19963
The Jobseeker's Allowance Regulations 1996 M15 shall be amended in accordance with Schedule 2 to these Regulations.
Amendment of the Housing Benefit (General) Regulations 19874
1
The Housing Benefit (General) Regulations 1987 M16 shall be amended in accordance with Schedule 3 to these Regulations.
2
The amendments made by paragraphs 1(a)(ii), 6(a) and (b) and 8 of Schedule 3 to these Regulations are to the Housing Benefit (General) Regulations 1987 as modified in their application to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 M17 applies.
Amendment of the Council Tax Benefit (General) Regulations 19925
1
The Council Tax Benefit (General) Regulations 1992 M18 shall be amended in accordance with Schedule 4 to these Regulations.
2
The amendments made by paragraphs 1(a), 3(a) and (b) and (4) of Schedule 4 to these Regulations are to the Council Tax Benefit (General) Regulations 1992 as modified in their application to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.
Amendment of the State Pension Credit Regulations 20026
The State Pension Credit Regulations 2002 M19 shall be amended in accordance with Schedule 5 to these Regulations.
Revocation of the Income Support and Jobseeker's Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 20017
The Income Support and Jobseeker's Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 2001 M20 are hereby revoked.
Amendment of the Social Fund Winter Fuel Payment Regulations 20008
1
The Social Fund Winter Fuel Payment Regulations 2000 M21 shall be amended in accordance with this regulation.
2
In regulation 1 (citation, commencement and interpretation)—
a
in paragraph (2)—
i
omit the definitions of “nursing home” and “residential accommodation”;
ii
at the appropriate places insert the following definitions—
“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000 M22, and in Scotland means a care home service as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 M23;
”
“independent hospital” has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
b
in paragraph (3) M24—
i
omit “Subject to paragraph (3A),”;
ii
in sub-paragraph (a) for heads (i) to (iii) substitute—
i
a care home;
ii
an independent hospital; or
c
omit paragraph (3A).
Amendment of the Social Fund Cold Weather Payments (General) Regulations 19889
1
The Social Fund Cold Weather Payments (General) Regulations 1988 M25 shall be amended in accordance with this regulation.
2
In regulation 1A (prescribed descriptions of persons) M26—
a
in paragraph (1)—
i
for “paragraph (3)” substitute “
paragraph (2)
”
;
ii
in sub-paragraph (ib) omit “and is not resident in a care home”;
b
for paragraphs (2) and (3) substitute—
2
Paragraph (1)(i), (ia) and (ib) shall not apply to a person who resides in—
a
a care home;
b
an independent hospital;
c
an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or
d
accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 M27 (provision by the Secretary of State of accommodation in camps).
3
In paragraph (2)—
a
“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001;
b
“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001.
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987F110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Social Security (Disability Living Allowance) Regulations 199111
1
The Social Security (Disability Living Allowance) Regulations 1991 M28 shall be amended in accordance with this regulation.
2
In regulation 9 (persons in certain accommodation other than hospitals) M29—
a
in paragraph (6)(c) for “residential homes” substitute “
independent hospitals or care homes
”
;
b
after paragraph (6) add the following paragraph—
7
In paragraph (6)—
“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;
“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001.
Amendment of the Social Security (Attendance Allowance) Regulations 199112
1
The Social Security (Attendance Allowance) Regulations 1991 M30 shall be amended in accordance with this regulation.
2
In regulation 7 (persons in certain accommodation other than hospitals) M31—
a
in paragraph (5)(c) for “residential homes” substitute “
independent hospitals or care homes
”
;
b
after paragraph (5) insert the following paragraph—
6
In paragraph (5)—
“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;
“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001.
Amendment of the Social Security (Claims and Payments) Regulations 198713
1
The Social Security (Claims and Payments) Regulations 1987 M32 shall be amended in accordance with this regulation.
2
Omit regulation 35A (transitional provisions for persons in hostels or certain residential accommodation) M33.
3
In Schedule 9 (deductions from benefit and direct payment to third parties)—
a
in sub-paragraph (1) of paragraph 1 (interpretation), for the definition of “hostel”M34 substitute—
“hostel” means a building—
a
in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and self-contained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and—
b
which is—
i
managed by or owned by a housing association registered with the Housing Corporation established by the Housing Act 1964 M35;
ii
managed or owned by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 M36;
iii
operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; or
iv
managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community, and
c
which is not—
i
a care home;
ii
an independent hospital; or
iii
an establishment run by the Abbeyfield Society including all bodies corporate or incorporated which are affiliated to that Society, and
d
in sub-paragraph (b)(iv) above, “voluntary organisation” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;
b
in paragraph 4 (miscellaneous accommodation costs) M37—
i
in sub-paragraph (1)—
aa
in head (a), for “in a residential care home or nursing home” substitute “
residing in a care home, an Abbeyfield Home or an independent hospital
”
;
bb
omit head (b)(i) and (iii);
ii
in head (a) of sub-paragraph (2) omit—
i
as specified in sub-paragraph (1)(b)(i) or (iii); or
ii
Amendment of the Social Security (Breach of Community Order) Regulations 200114
1
The Social Security (Breach of Community Order) Regulations 2001 M38 shall be amended in accordance with this regulation.
2
In paragraph (4) of regulation 6 (meaning of “person in hardship”), for “residential care home or nursing home” substitute “
care home, an Abbeyfield Home or an independent hospital
”
.
3
In paragraph (4) of regulation 12 (meaning of “couple in hardship”) for “residential care or nursing home” substitute “
care home, an Abbeyfield Home or an independent hospital
”
.
Amendment of the Social Security (Loss of Benefit) Regulations 200115
1
The Social Security (Loss of Benefit) Regulations 2001 M39 shall be amended in accordance with this regulation.
2
In paragraph (4) of regulation 5 (meaning of “person in hardship”) for “residential care home or nursing home” substitute “
care home, an Abbeyfield Home or an independent hospital
”
.
3
In paragraph (5) of regulation 11 (application of Part and meaning of “couple in hardship”) for “residential care or nursing home” substitute “
care home, an Abbeyfield Home or an independent hospital
”
.
Signed by authority of the Secretary of State for Work and Pensions.
SCHEDULE 1AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987
1
In regulation 2 (interpretation)—
a
in paragraph (1)—
i
ii
at the appropriate places insert the following definitions—
“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;
“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;
“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
b
in paragraph (1A) M42 from “residential care home” to “reside in that home” substitute “
care home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital
”
.
2
For paragraph (4)(d) of regulation 6 (persons not treated as engaged in remunerative work) M43 substitute—
d
a person who—
i
is in employment;
ii
lives in, or is temporarily absent from, a care home, an Abbeyfield Home or an independent hospital; and
iii
requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.
3
In regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household)—
a
in paragraph (3)(e) for “in residential accommodation or a residential care home or a residential nursing home” substitute “
residing in a care home, an Abbeyfield Home or an independent hospital
”
;
b
in paragraph (5)(b) M44 omit “provided under any of the provisions referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3)”;
c
in paragraph (8) before sub-paragraph (a) insert—
za
“accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—
i
under sections 21 to 24 of the National Assistance Act 1948 M45 (provision of accommodation),
ii
in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 M46 (provision of residential or other establishment), or
iii
under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 M47 (care and support services etc.),
where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;
4
For paragraph (4)(a)(iii) M48 of regulation 17 (applicable amounts) substitute—
iii
in a care home, an Abbeyfield Home or an independent hospital; or
5
In regulation 21 (special cases)—
a
in paragraph (3) omit the definition of “residential accommodation”M49;
6
In paragraph (4A) of regulation 42 (notional income) M53 for “lives in a residential care home or a nursing home, or is temporarily absent from such a home” substitute “
resides in a care home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital
”
.
7
In regulation 53 (calculation of tariff income from capital)—
a
in paragraph (1B) M54—
i
for sub-paragraphs (a) and (b) substitute—
a
a care home or an independent hospital;
b
an Abbeyfield Home;
ii
omit sub-paragraph (d);
b
in paragraph (1C) M55—
i
after “home” in both places insert “
, hospital
”
;
ii
in sub-paragraph (a) for “, (b) or (d)” substitute “
or (b)
”
;
c
omit paragraph (4) M56.
8
In Schedule 3 (housing costs) M57—
a
for sub-paragraph (13)(c) of paragraph 3 (circumstances in which a person is to be treated as occupying a dwelling as his home) M58 substitute—
c
“residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an an independent hospital;
b
in sub-paragraph (1)(b) of paragraph 4 (housing costs not met) for “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” substitute “
living in care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital
”
.
9
For sub-paragraph (4) of paragraph 7 (protected persons) of Schedule 3A (protected sum) M59 substitute—
4
Paragraph 6(b) shall not apply to a protected person if—
a
he moves to accommodation where he—
i
satisfies condition (i) or (iii) of sub-paragraph (1)(b);
ii
is receiving both board and personal care other than in a care home or an independent hospital;
b
he becomes a patient within the meaning of regulation 21(3);
c
on his ceasing to be a patient within the meaning of regulation 21(3) either—
i
he returns to the accommodation which he occupied immediately before he became a patient; or
ii
he moves to other accommodation where he—
aa
satisfies condition (i) or (iii) of sub-paragraph (1)(b); or
bb
is receiving both board and personal care other than in a care home or an independent hospital; or
d
in a case to which sub-paragraph (6) applies, on his becoming re-entitled to income support, he is in—
i
the accommodation which he occupied immediately before he ceased to be entitled to income support; or
ii
accommodation where he—
aa
satisfies condition (i) or (iii) of sub-paragraph (1)(b); or
bb
is receiving both board and personal care other than in a care home or an independent hospital.
10
In Schedule 7 (applicable amounts in special cases)—
a
in paragraph 9 (specified cases of temporarily separated couples) M60 at column (1)—
i
in sub-paragraph (a) for heads (i) and (ii) substitute—
i
not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or
ii
in sub-paragraph (b) for heads (iii) and (iv) substitute—
iii
residing in a care home, an Abbeyfield Home or an independent hospital.
b
in paragraph 10 (polygamous marriages where one or more partners are temporarily separated) M61 at column (1) for sub-paragraphs (a) and (b) substitute—
a
not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or
11
In sub-paragraphs (2), (3)(a)(ii) and (4)(a) of paragraph 4 of Schedule 8 (sums to be disregarded in the calculation of earnings) M62 omit “or in residential accommodation”.
12
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
a
in paragraph 15A M63—
i
in sub-paragraph (1) for “residential care home or nursing home” substitute “
care home, an Abbeyfield Home or an independent hospital
”
;
ii
in sub-paragraph (2)(a) for “residential care or nursing home” substitute “
care home, Abbeyfield Home or independent hospital
”
and after “the home” insert “
or hospital
”
;
b
in paragraph 30A M64—
i
in sub-paragraph (1) for “in a residential care home or nursing home” substitute “
residing in a care home, an Abbeyfield Home or an independent hospital
”
and after “in that home” add “
or hospital
”
;
ii
in sub-paragraph (2) for “residential care home or nursing home” substitute “
care home, an Abbeyfield Home or an independent hospital
”
;
c
in paragraph 66 M65 for “in a residential care or nursing home” substitute “
living in a care home, an Abbeyfield Home or an independent hospital
”
.
13
In paragraph 64 M66 of Schedule 10 (capital to be disregarded) in sub-paragraph (5) for “being in residential accommodation, a residential care home or a nursing home” substitute “
residing in a care home, an Abbeyfield Home or an independent hospital
”
.
SCHEDULE 2AMENDMENT OF THE JOBSEEKER'S ALLOWANCE REGULATIONS 1996
1
In regulation 1 (citation, commencement and interpretation)—
a
in paragraph (3)—
i
omit the definitions of “nursing home”, “residential accommodation” and “residential care home”; and
ii
at the appropriate places insert the following definitions—
“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;
“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;
“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
b
in paragraph (3F) M67 from “residential care home” to “reside in that home” substitute “
care home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital
”
.
2
For paragraph (c) of regulation 53 (persons treated as not engaged in remunerative work) M68 substitute—
c
a person who—
i
is in employment;
ii
lives in, or is temporarily absent from a care home, an Abbeyfield Home or an independent hospital; and
iii
requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.
3
In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household)—
a
in paragraph (3)(d) for “in residential accommodation or a residential care home or a nursing home” substitute “
residing in a care home, an Abbeyfield Home or an independent hospital
”
;
b
in paragraph (5)(c) omit “provided under any of the provisions referred to in any of the sub-paragraphs (a) to (c) of the definition of residential accommodation in regulation 85”;
c
in paragraph (9) before sub-paragraph (a) insert—
za
“accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—
i
under sections 21 to 24 of the National Assistance Act 1948 (provision of accommodation); or
ii
in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential or other establishment); or
iii
under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (care and support services etc.);
where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;
4
In regulation 85 (special cases)—
a
in paragraph (3) M69 for—
i
“paragraphs 1 and 17” substitute “
paragraph 1
”
;
ii
“residential care or nursing homes” substitute “
care homes, Abbeyfield Homes or independent hospitals
”
;
b
in paragraph (4) omit the definition of “residential accommodation”; and
c
omit paragraphs (5) and (6).
5
In paragraph (11) of regulation 105 (notional income) M70 for “lives in a residential care home or a nursing home, or is temporarily absent from such a home” substitute “
resides in a care home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital
”
.
6
In regulation 116 (calculation of tariff income from capital)—
a
in paragraph (1B) M71—
i
for sub-paragraphs (a) and (b) substitute—
a
a care home or an independent hospital;
b
an Abbeyfield Home;
ii
omit sub-paragraph (d);
b
in paragraph (1C) M72—
i
after “home” in both places insert “
, hospital
”
;
ii
in sub-paragraph (a) for “, (b) or (d)” substitute “
or (b)
”
;
c
omit paragraph (4) M73.
7
In paragraph (4) of regulation 140 (meaning of “person in hardship”) for “residential care home or nursing home” substitute “
care home, an Abbeyfield Home or an independent hospital
”
.
8
In paragraph (4) of regulation 146A (meaning of “couple in hardship”) M74 for “residential care or nursing home” substitute “
care home, an Abbeyfield Home or an independent hospital
”
.
9
In Schedule 2 (housing costs)—
a
for sub-paragraph (13)(c) of paragraph 3 (circumstances in which a person is to be treated as occupying a dwelling as his home) substitute—
c
“residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an independent hospital;
b
in sub-paragraph (1)(b) in paragraph 4 (housing costs not met) M75 for “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” substitute “
living in a care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital
”
.
10
In Schedule 5 (applicable amounts in special cases)—
a
in paragraph 5 (specified cases of temporarily separated couples) at column (1)—
i
in sub-paragraph (a), for heads (i) and (ii) substitute—
i
not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or
ii
in sub-paragraph (b), for heads (iii) and (iv) substitute—
iii
residing in a care home, an Abbeyfield Home or an independent hospital.
b
in paragraph 6 (polygamous marriages where one or more partners are temporarily separated) at column (1), for sub-paragraphs (a) and (b) substitute—
a
not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or
11
In Schedule 5A (applicable amounts of joint-claim couples in special cases) M76—
a
in paragraph 4 (specified cases of temporarily separated joint-claim couples) at column (1)—
i
in sub-paragraph (a), for heads (i) and (ii) substitute—
i
not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or
ii
in sub-paragraph (b), for heads (iii) and (iv) substitute—
iii
residing in a care home, an Abbeyfield Home or an independent hospital.
b
in paragraph 5 (polygamous marriages where one or more members of the marriage are temporarily separated) at column (1) for sub-paragraphs (a) and (b) substitute—
a
not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or
12
In paragraph 5 of Schedule 6 (sums to be disregarded in the calculation of earnings) M77 in sub-paragraphs (2), (3)(a)(ii) and (4)(a) omit “or in residential accommodation”.
13
In paragraph 1 of Schedule 6A (sums to be disregarded in the calculation of earnings of members of joint-claim couples) M78 in sub-paragraphs (2), (3)(a)(ii) and (4)(a) omit “or in residential accommodation”.
14
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) M79—
a
in paragraph 16—
i
in sub-paragraph (1), for “residential care home or nursing home” substitute “
care home, an Abbeyfield Home or independent hospital
”
;
ii
in sub-paragraph (2)(a), for “residential care or nursing home” substitute “
care home, Abbeyfield Home or independent hospital
”
and after “ the home” add “
or hospital
”
;
b
in paragraph 32—
i
in sub-paragraph (1), for “in a residential care home or nursing home” substitute “
residing in a care home, an Abbeyfield Home or an independent hospital
”
and after “in that home” add “
or hospital
”
;
ii
in sub-paragraph (2), for “residential care home or nursing home” substitute “
care home, an Abbeyfield Home or an independent hospital
”
;
c
in paragraph 64 for “in a residential care or nursing home” substitute “
residing in a care home, an Abbeyfield Home or an independent hospital
”
.
15
In paragraph 57 of Schedule 8 (capital to be disregarded) M80 in sub-paragraph (5) for “being in residential accommodation, a residential care home or a nursing home” substitute “
residing in a care home, an Abbeyfield Home or an independent hospital
”
.
SCHEDULE 3AMENDMENT OF THE HOUSING BENEFIT (GENERAL) REGULATIONS 1987
1
In regulation 2 (interpretation)—
a
in paragraph (1)—
i
for the definition of “hostel”M81 substitute—
“hostel” means a building—
a
in which there is provided for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both and—
b
which is—
i
managed or owned by a registered housing association; or
ii
operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency or a local authority; or
iii
managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community; and
c
which is not—
i
a care home;
ii
an independent hospital; or
iii
an Abbeyfield Home;
ii
omit the definitions of “care home” and “care home service”M82;
iii
at the appropriate places insert the following definitions—
“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;
“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000 M83 and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001 M84;
“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000 and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
2
In paragraph (9) of regulation 5 M85 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), for the definition of “residential accommodation” substitute—
“residential accommodation” means accommodation which is provided in—
a
a care home;
b
an independent hospital;
c
an Abbeyfield Home; or
d
an establishment managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority;
3
In regulation 7 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling)—
a
omit “except where paragraph (2) applies,” from sub-paragraph (1)(k);
b
omit paragraph (2);
c
for paragraph (3) substitute—
3
In this regulation “residential accommodation” means accommodation which is provided in—
a
a care home; or
b
an independent hospital;
d
omit paragraphs (4) to (12) M86.
4
In regulation 8 (eligible housing costs)—
a
for paragraph (2) M87 substitute—
2
Subject to paragraph (3), housing benefit shall not be payable in respect of payments made by a person on income support or an income-based jobseeker's allowance whose applicable amount for that benefit includes an amount in respect of those payments.
b
omit paragraphs (2ZA) and (2ZB) M88.
5
In paragraph (8) of regulation 12A M89 (requirement to refer to rent officers), omit the definitions of “nursing home” and “residential care home”.
6
In paragraph (5) M90 of regulation 25 (meaning of income)—
a
for sub-paragraph (b) substitute—
b
in an Abbeyfield Home;
b
for sub-paragraph (d) substitute—
d
in an independent hospital.
7
In regulation 45 (calculation of tariff income from capital)—
a
for paragraph (1B) M91 substitute—
1B
For the purposes of paragraph (1A), the prescribed circumstances are that the claimant—
a
occupies residential accommodation as his home; or
b
is a person—
i
to whom on 3rd October 2005 paragraph (2) of regulation 7 as in force on that date applied; or
ii
to whom on 3rd October 2005, paragraph (5) or paragraph (7) of regulation 7 as in force on that date applied and continues to apply;
b
in paragraph (4) M92—
i
for sub-paragraph (c), substitute “
which is an Abbeyfield Home
”
;
ii
for “and in this definition, “board” has the same meaning as in regulation 8(2)(b)” substitute—
and in this definition “board” refers to the availability to the claimant in the home in which his accommodation is provided of cooked or prepared food, where the food is made available to him in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both those charges and is made available for his consumption without any further charge to him;
c
for paragraph (5) M93 substitute—
5
Paragraph (4) shall not apply to residential accommodation of the type referred to in sub-paragraphs (a) to (c) of paragraph (4) where such accommodation is residential accommodation for the purpose of regulation 7 unless the claimant is a person to whom paragraphs 10, 11 or 12 of Schedule 3 to the Social Security (Care Homes and Independent Hospitals) Regulations 2005 apply.
8
In paragraph 14(5) of Schedule 5ZA M94
(capital to be disregarded) for “being in a care home” substitute “
residing in a care home or an independent hospital
”
.
9
In Schedule 5 (Capital to be disregarded)—
a
in paragraph 66(5) M95 for “being in residential accommodation, a residential care home or a nursing home” substitute “
residing in a care home, an Abbeyfield Home or an independent hospital
”
;
b
in paragraph 66(6) omit the definitions of “residential accommodation”, “residential care home” and “nursing home”.
Transitional arrangements and savings for housing benefit10
1
Sub-paragraph (2) shall apply to a person who, on 3rd October 2005 was a person to whom paragraph (2) of regulation 7 of the Housing Benefit Regulations as in force on that date applied.
2
Where this paragraph applies—
a
paragraph (2) of regulation 7 of those Regulations shall continue to have effect as if paragraph 3(a) and (b) of Schedule 3 to these Regulations had not been made;
b
paragraph (3) of regulation 7 of those Regulations shall continue to have effect as if sub-paragraph 3(c) of Schedule 3 to these Regulations had not been made;
c
sub-paragraph (1B)(b) of regulation 45 of those Regulations shall continue to have effect as if paragraph 7(a) of Schedule 3 to these Regulations had not been made;
d
sub-paragraph (5)(b) of regulation 45 of those Regulations shall continue to have effect as if paragraph 7(c) of Schedule 3 to these Regulations had not been made.
3
In this paragraph and in paragraphs 11 and 12 of Schedule 3, the “Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987.
11
1
Sub-paragraph (2) shall apply to a person who, on 3rd October 2005, was a person to whom paragraph (5) of regulation 7 of the Housing Benefit Regulations as in force on that date applied.
2
Where this sub-paragraph applies—
a
paragraphs (4), (5), (8), (9) and (10) of regulation 7 of the Housing Benefit Regulations shall continue to have effect as if paragraph 3(d) of Schedule 3 to these Regulations had not been made;
b
paragraph (3) of regulation 7 of those Regulations shall continue to have effect as if sub-paragraph 3(c) of Schedule 3 to these Regulations had not been made;
c
sub-paragraph (1B)(b) of regulation 45 of those Regulations shall continue to have effect as if paragraph 7(a) of Schedule 3 to these Regulations had not been made;
d
sub-paragraph (5)(b) of regulation 45 of those Regulations shall continue to have effect as if paragraph 7(c) of Schedule 3 to these Regulations had not been made.
12
1
Sub-paragraph (2) shall apply to a person who, on 3rd October 2005, was a person to whom paragraph (7) of regulation 7 of the Housing Benefit Regulations as in force on that date applied.
2
Where this sub-paragraph applies—
a
paragraphs (6), (7), (8), (9), (10), (11) and (12) of regulation 7 of those Regulations shall continue to have effect as if paragraph 3(d) of Schedule 3 to these Regulations had not been made;
b
paragraph (3) of regulation 7 of those Regulations shall continue to have effect as if sub-paragraph 3(c) of Schedule 3 to these Regulations had not been made;
c
sub-paragraph (1B)(b) of regulation 45 of those Regulations shall continue to have effect as if paragraph 7(a) of Schedule 3 to these Regulations had not been made;
d
sub-paragraph (5)(b) of regulation 45 of those Regulations shall continue to have effect as if paragraph 7(c) of Schedule 3 to these Regulations had not been made.
SCHEDULE 4AMENDMENT OF THE COUNCIL TAX BENEFIT (GENERAL) REGULATIONS 1992
1
In regulation 2 (interpretation)—
a
omit the definitions of “care home” and “care home service”M96;
b
at the appropriate places insert the following definitions—
“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;
“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000 M97 and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Scotland Act 2001 M98;
“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000 and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
2
In paragraph (6) of regulation 4C M99 (circumstances in which a person is or is not treated as occupying a dwelling as his home) for the definition of “residential accommodation” substitute—
“residential accommodation” means accommodation which is provided—
a
in a care home;
b
in an independent hospital;
c
in an Abbeyfield Home; or
d
in an establishment managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority;
3
In paragraph (5) M100 of regulation 17 (meaning of income)—
a
for sub-paragraph (b) substitute—
b
in an Abbeyfield Home;
b
for sub-paragraph (d) substitute—
d
in an independent hospital.
4
In paragraph 14(5) of Schedule 5ZA M101
(capital to be disregarded) for “being in a care home” substitute “
residing in a care home or an independent hospital
”
.
5
In Schedule 5 (capital to be disregarded)—
a
in paragraph 66(5) M102 for “being in residential accommodation, a residential care home or a nursing home” substitute “
residing in a care home, an Abbeyfield Home or an independent hospital
”
;
b
in paragraph 66(6) omit the definitions of “residential accommodation”, “residential care home” and “nursing home”.
SCHEDULE 5AMENDMENT OF THE STATE PENSION CREDIT REGULATIONS 2002
1
In paragraph (2) of regulation 1 (citation, commencement and interpretation) at the appropriate place insert the following definition—
“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
”
.
2
In paragraph (1)(b) of regulation 5 (persons treated as being or not being members of the same household) after “care home” insert “
or an independent hospital
”
.
3
In paragraph (c) of regulation 12 (end of assessed income period) after “care home” insert “
or an independent hospital
”
.
4
For paragraph (7)(d) of regulation 15 (income for purposes of the Act) M103 substitute—
d
in an independent hospital;
5
In Schedule 2 (housing costs)—
a
in paragraph 4 (circumstances in which a person is to be treated as occupying a dwelling as his home)—
i
in sub-paragraph (7)(c)(iii), after “care home” insert “
or an independent hospital
”
;
ii
for sub-paragraph (8) substitute—
8
This sub-paragraph applies to a person who enters a care home or an independent hospital—
a
for the purpose of ascertaining whether that care home or independent hospital suits his needs, and
b
with the intention of returning to the dwelling which he normally occupies as his home should, in the event that, the care home or independent hospital prove not to suit his needs,
and while in the care home or independent hospital, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.
iii
in sub-paragraph (9) for “accommodation” in both places substitute “
care home or independent hospital
”
;
iv
in sub-paragraph (11)(c), at heads (iii), (vii) and (ix) after “care home” insert “
or an independent hospital
”
;
b
in paragraph 5(1)(b) after “care home” insert “
or an independent hospital
”
.
6
In paragraph 13(5) of Schedule 5 (capital disregarded for the purpose of calculating income) for “being in a care home” substitute “
residing in a care home or an independent hospital
”
.
Section 136A was inserted for the purpose only of exercising power to make regulations by paragraph 3 of Schedule 2 of the State Pension Credit Act 2002 (c. 16).