SCHEDULE 3Circumstances in which a claimant is, or is to be, treated as occupying accommodation

PART 1General

Interpretation

1.

(1)

In this Schedule—

“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

“care home”—

(a)

in England and Wales, has the meaning given in section 3 of the Care Standards Act 200086;

(b)

in Scotland, means a care home service within the meaning of paragraph 2 of Schedule 12 to the Public Services Reform (Scotland) Act 201087,

and in either case includes an independent hospital;

“croft” means a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 199388;

“full-time student” has the meaning given—

(a)

in the case of income support, in regulation 61(1) of the IS Regulations89;

(b)

in the case of jobseeker’s allowance, in regulation 1(3) of the JSA Regulations90;

(c)

in the case of employment and support allowance, in regulation 131 of the ESA Regulations91;

(d)

in the case of state pension credit, in regulation 1(2) of the SPC Regulations92;

“independent hospital”—

(a)

in England, means a hospital as defined in section 275 of the National Health Service Act 200693 that is not a health service hospital as defined by that section;

(b)

in Wales, has the meaning given in section 2 of the Care Standards Act 2000;

(c)

in Scotland means an independent healthcare service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 197894;

“medically approved” means certified by a medical practitioner;

“patient” means a person who is undergoing medical or other treatment as an inpatient in a hospital or similar institution;

“period of study” has the meaning given—

(a)

in the case of income support and state pension credit, in regulation 2(1) of the IS Regulations95;

(b)

in the case of jobseeker’s allowance, in regulation 1(3) of the JSA Regulations96;

(c)

in the case of employment and support allowance, in regulation 2 of the ESA Regulations97;

“residential accommodation” means accommodation which is a care home, Abbeyfield Home or independent hospital;

“training course” means a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

(2)

In this Schedule, a reference to a claimant being liable to make owner-occupier payments is to be read as a reference to a person being treated as liable to make owner-occupier payments under Schedule 2.