The Social Security (Care Homes and Independent Hospitals) Regulations 2005

Regulation 6

SCHEDULE 5 AMENDMENT 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)(1) 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”.

(1)

Paragraph (7)(d) of regulation 15 was amended by S.I. 2005/2078.