Amendment of the Social Security (Claims and Payments) Regulations 198713

1

The Social Security (Claims and Payments) Regulations 1987 M1 shall be amended in accordance with this regulation.

2

Omit regulation 35A (transitional provisions for persons in hostels or certain residential accommodation) M2.

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”M3 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 M4;

ii

managed or owned by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 M5;

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) M6

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