9.—(1) The Social Fund Cold Weather Payments (General) Regulations 1988 M1 shall be amended in accordance with this regulation.
(2) In regulation 1A (prescribed descriptions of persons) M2—
(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 M3 (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.”.
Marginal Citations
M2Regulation 1A was inserted by S.I. 1991/2448; relevant amending instruments are S.I. 1996/2544, 2002/3019 and 2003/1121.