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

Regulation 2

SCHEDULE 1 AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987

1.  In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the definitions of “nursing home”, “residential accommodation”M1 and “residential care home”M2 ;

(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) M3 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 ”.

Marginal Citations

M1 The definition of “residential accommodation” was substituted by S.I. 1988/1445 and amended by S.I. 1989/534 and 2001/3767.

M2 The definitions of “nursing home” and “ residential care home” were substituted by S.I. 2001/3767; relevant amending instrument is S.I. 2005/2078.

M3 Paragraph (1A) was inserted by S.I. 2001/3767 and amended by S.I. 2003/1195.

2.  For paragraph (4)(d) of regulation 6 (persons not treated as engaged in remunerative work) M4 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.”.

Marginal Citations

M4 Paragraph (4) was inserted by S.I. 2000/681 and sub-paragraph (d) was substituted by S.I. 2001/3767.

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) M5 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 M6 (provision of accommodation),

(ii) in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 M7 (provision of residential or other establishment), or

(iii) under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 M8 (care and support services etc.),

where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;”.

Marginal Citations

M5 Relevant amending instruments are S.I. 1988/663, 1989/534 and 1996/206.

M6 1948 c. 29.

M7 1968 c. 49.

M8 2003 asp.13.

4.  For paragraph (4)(a)(iii) M9 of regulation 17 (applicable amounts) substitute—

“(iii) in a care home, an Abbeyfield Home or an independent hospital; or”.

Marginal Citations

M9 Relevant amending instrument is S.I. 2001/3767.

5.  In regulation 21 (special cases)—

(a) in paragraph (3) omit the definition of “residential accommodation”M10 ;

(b) omit paragraphs (3A) to (3E) M11 and (4) M12 to (4B) M13 .

Marginal Citations

M10 The definition of “residential accommodation” was substituted by S.I. 1992/3147; relevant amending instruments are S.I. 1994/2139, 1995/516 and 2005/2078.

M11 Paragraph (3A) was inserted by S.I. 1991/1656 and amended by S.I. 1996/2614 and 2001/3767. Paragraph (3B) was inserted by S.I. 1993/518 and amended by S.I. 1995/516. Paragraph (3C) was inserted by S.I. 1993/518 and amended by S.I. 1993/2119. Paragraph (3D) was inserted by S.I. 1994/2139. Pargraph (3E) was inserted by S.I. 1994/2139 and amended by S.I. 2005/2078.

M12 Paragraph (4) was amended by S.I. 1992/3147 and 1995/516.

M13 Paragraph (4A) was inserted by S.I. 1992/2155 and amended by S.I. 1992/3147. Paragraph (4B) was inserted by S.I. 1993/518.

6.  In paragraph (4A) of regulation 42 (notional income) M14 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 ”.

Marginal Citations

M14 Paragraph (4A) was inserted by S.I. 1994/527 and amended by S.I. 2003/455.

7.  In regulation 53 (calculation of tariff income from capital)—

(a) in paragraph (1B) M15 —

(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) M16 —

(i) after “home” in both places insert “ , hospital ”;

(ii) in sub-paragraph (a) for “, (b) or (d)” substitute “ or (b) ”;

(c) omit paragraph (4) M17 .

Marginal Citations

M15 Paragraph (1B) was inserted by S.I. 1996/462 and amended by S.I. 1997/65 and 1997/2197.

M16 Paragraph (1C) was inserted by S.I. 1996/462 and amended by S.I. 1997/65 and 2001/3767.

M17 Paragraph (4) was inserted by S.I. 1996/462.

8.  In Schedule 3 (housing costs) M18 —

(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) M19 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 ”.

Marginal Citations

M18 Schedule 3 was substituted by S.I. 1995/1613.

M19 Sub-paragraph 13(c) of paragraph 3 was amended by S.I. 2001/3767.

9.  For sub-paragraph (4) of paragraph 7 (protected persons) of Schedule 3A (protected sum) M20 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.”.

Marginal Citations

M20 Schedule 3A was inserted by S.I. 1988/1455. Sub-paragraph (4) of paragraph 7 was amended by S.I. 1988/2022.

10.  In Schedule 7 (applicable amounts in special cases)—

(a) in paragraph 9 (specified cases of temporarily separated couples) M21 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) M22 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”.

Marginal Citations

M21 Column 1 of paragraph 9 was amended by S.I. 1989/1678.

M22 Column 1 of paragraph 10 was amended by S.I. 1988/663 and 1991/236.

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) M23 omit “or in residential accommodation”.

Marginal Citations

M23 Paragraph 4 was substituted by S.I. 1989/534. Sub-paragraphs (2), (3)(a)(ii) and (4)(a) were amended by S.I. 2001/3767.

12.  In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 15A M24 —

(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 M25 —

(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 M26 for “in a residential care or nursing home” substitute “ living in a care home, an Abbeyfield Home or an independent hospital ”.

Marginal Citations

M24 Paragraph 15A was inserted by S.I. 1993/518 and was amended by S.I. 1995/516 and 2005/2078.

M25 Paragraph 30A was inserted by S.I. 1993/2119 and was amended by S.I. 2001/3767.

M26 Paragraph 66 was inserted by S.I. 1998/2117; relevant amending instrument S.I. 2000/681.

13.  In paragraph 64 M27 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 ”.

Marginal Citations

M27 Paragraph 64 was inserted by S.I. 2001/1118.

Regulation 3

SCHEDULE 2 AMENDMENT 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) M28 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 ”.

Marginal Citations

M28 Paragraph (3F) was inserted by S.I. 2001/3767 and amended by S.I. 2003/1195.

2.  For paragraph (c) of regulation 53 (persons treated as not engaged in remunerative work) M29 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.”.

Marginal Citations

M29 Paragraph (c) was substituted by S.I. 2001/3767.

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) M30 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).

Marginal Citations

M30 Paragraph (3) was amended by S.I. 2003/455.

5.  In paragraph (11) of regulation 105 (notional income) M31 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 ”.

Marginal Citations

M31 Paragraph (11) was amended by S.I. 2003/455.

6.  In regulation 116 (calculation of tariff income from capital)—

(a) in paragraph (1B) M32 —

(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) M33 —

(i) after “home” in both places insert “ , hospital ”;

(ii) in sub-paragraph (a) for “, (b) or (d)” substitute “ or (b) ”;

(c) omit paragraph (4) M34 .

Marginal Citations

M32 Paragraph (1B) was inserted by S.I. 1996/1516 and amended by S.I. 1997/65 and 1997/2197.

M33 Paragraph (1C) was inserted by S.I. 1996/1516 and amended by S.I. 2001/3767.

M34 Paragraph (4) was inserted by S.I. 1996/1516.

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”) M35 for “residential care or nursing home” substitute “ care home, an Abbeyfield Home or an independent hospital ”.

Marginal Citations

M35 Regulation 146A was inserted by S.I. 2000/1978.

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) M36 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 ”.

Marginal Citations

M36 Sub-paragraph (1)(b) of paragraph 4 was amended by S.I. 2000/1978.

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) M37 —

(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”.

Marginal Citations

M37 Schedule 5A was inserted by S.I. 2000/1978.

12.  In paragraph 5 of Schedule 6 (sums to be disregarded in the calculation of earnings) M38 in sub-paragraphs (2), (3)(a)(ii) and (4)(a) omit “or in residential accommodation”.

Marginal Citations

M38 Relevant amending instrument is S.I. 2001/3767.

13.  In paragraph 1 of Schedule 6A (sums to be disregarded in the calculation of earnings of members of joint-claim couples) M39 in sub-paragraphs (2), (3)(a)(ii) and (4)(a) omit “or in residential accommodation”.

Marginal Citations

M39 Schedule 6A was inserted by S.I. 2000/1978. Paragraph 1 was amended by S.I. 2000/2545 and 2001/3767.

14.  In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) M40 —

(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 ”.

Marginal Citations

M40 Paragraph 16 was amended by S.I. 2001/3767 and 2005/2078, paragraoh 32 was amended by S.I. 2001/3767 and paragraph 64 was inserted by S.I. 1998/2117.

15.  In paragraph 57 of Schedule 8 (capital to be disregarded) M41 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 ”.

Marginal Citations

M41 Paragraph 57 was inserted by S.I. 2001/1118.

Regulation 4

SCHEDULE 3 AMENDMENT OF THE HOUSING BENEFIT (GENERAL) REGULATIONS 1987

1.  In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) for the definition of “hostel”M42 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”M43 ;

(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 M44 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 M45 ;

“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

M42 Definition of hostel was inserted by S.I. 1999/2401.

M43 These definitions were inserted, in relation to any claimant who has attained the qualifying age for state pension credit, by S.I. 2003/325.

M44 2000 c. 14.

M45 2001 asp8.

2.  In paragraph (9) of regulation 5 M46 (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;”.

Marginal Citations

M46 Paragraph (9) was amended by S.I. 1995/625 and by S.I. 1992/3147.

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) M47 .

Marginal Citations

M47 Paragraphs (4) to (12) were inserted by S.I. 1992/3147.

4.  In regulation 8 (eligible housing costs)—

(a) for paragraph (2) M48 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) M49 .

Marginal Citations

M48 Paragraph (2) was amended by S.I.1992/3147 and by S.I. 1996/1510.

M49 Paragraphs (2ZA) and (2ZB) were inserted by S.I. 1993/518.

5.  In paragraph (8) of regulation 12A M50 (requirement to refer to rent officers), omit the definitions of “nursing home” and “residential care home”.

Marginal Citations

M50 Paragraph 12A was inserted by S.I. 1990/546.

6.  In paragraph (5) M51 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.”.

Marginal Citations

M51 Paragraph (5) was inserted, in relation to any claimant who has attained the qualifying age for state pension credit, by S.I. 2003/325.

7.  In regulation 45 (calculation of tariff income from capital)—

(a) for paragraph (1B) M52 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 3^rd October 2005 paragraph (2) of regulation 7 as in force on that date applied; or

(ii) to whom on 3^rd 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) M53 —

(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) M54 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.”.

Marginal Citations

M52 Paragraph (1B) was inserted by S.I.1996/462.

M53 Paragraph (4) was inserted by S.I. 1996/462.

M54 Paragraph (5) was inserted by S.I. 1996/462.

8.  In paragraph 14(5) of Schedule 5ZA M55 (capital to be disregarded) for “being in a care home” substitute “ residing in a care home or an independent hospital ”.

Marginal Citations

M55 Schedule 5ZA was inserted, in relation to any person who has attained the qualifying age for state pension credit, by S.I. 2003/325.

9.  In Schedule 5 (Capital to be disregarded)—

(a) in paragraph 66(5) M56 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”.

Marginal Citations

M56 Paragraph 66 was inserted by S.I. 2001/1118.

Transitional arrangements and savings for housing benefit

10.—(1) Sub-paragraph (2) shall apply to a person who, on 3^rd 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 3^rd 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 3^rd 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.

Regulation 5

SCHEDULE 4 AMENDMENT OF THE COUNCIL TAX BENEFIT (GENERAL) REGULATIONS 1992

1.  In regulation 2 (interpretation)—

(a) omit the definitions of “care home” and “care home service”M57 ;

(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 M58 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 M59 ;

“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

M57 These definitions were inserted, in relation to any claimant who has attained the qualifying age for state pension credit, by S.I. 2003/325.

M58 2000 c. 14.

M59 2001 asp8.

2.  In paragraph (6) of regulation 4C M60 (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;”.

Marginal Citations

M60 Regulation 4C was added by S.I. 1995/625.

3.  In paragraph (5) M61 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.”.

Marginal Citations

M61 Paragraph (5) was inserted, in relation to any claimant who has attained the qualifying age for state pension credit, by S.I. 2003/325.

4.  In paragraph 14(5) of Schedule 5ZA M62 (capital to be disregarded) for “being in a care home” substitute “ residing in a care home or an independent hospital ”.

Marginal Citations

M62 Schedule 5ZA was inserted, in relation to any person who has attained the qualifying age for state pension credit, by S.I. 2003/325.

5.  In Schedule 5 (capital to be disregarded)—

(a) in paragraph 66(5) M63 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”.

Marginal Citations

M63 Paragraph 66 was inserted by S.I. 2001/1118.

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) M64 substitute—

“(d) in an independent hospital;”.

Marginal Citations

M64 Paragraph (7)(d) of regulation 15 was amended by S.I. 2005/2078.

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 ”.