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Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992

Consolidated Text As Enacted Cited authorities 63 Cited in Amendments 14 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1992/3147
(1) These Regulations may be cited as the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 and shall come into force on 1st April 1993.(2) In these Regulations—“the Income Support Regulations” means the Income Support (General) Regula tions 1987 to a numbered Part is to the Part of these Regulations bearing that number;to a numbered regulation or Schedule is to the regulation or Schedule to these Regulations bearing that number; andin a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.in paragraph (1) of regulation 2 (interpretation) , there shall be inserted at the appropriate places—
    “preserved right” means a preserved right for the purpose of regulation 19;“residential allowance” means the weekly amount determined in accor dance with paragraph 2A of Schedule 2;
;in paragraph (1) of regulation 17 (applicable amounts) , after sub-paragraph (b) , there shall be inserted the following sub-paragraph—
  • (bb) an amount in respect of himself, or where the claimant is a member of a family, an amount in respect of any member of the family aged 16 or over, determined in accordance with para graph 2A of Schedule 2 (residential allowance) ;
;an amount in respect of himself, or where the claimant is a member of a family, an amount in respect of any member of the family aged 16 or over, determined in accordance with para graph 2A of Schedule 2 (residential allowance) ;in paragraph (1) of regulation 18 an amount, whether in respect of the claimant or any member of his household aged 16 or over, determined in accordance with paragraph 2A of Schedule 2 (residential allowance) ;in Part I of Schedule 2, after paragraph 2, there shall be inserted the following paragraph—
  • (2A)
  • (1) The weekly amount for the purposes of regulation 17(1) (bb) and 18(1) (cc) (residential allowance) in respect of a person who satisfies the conditions specified in sub-paragraph (2) shall be—
  • (a) except in a case to which head (b) applies, £45.00; and
  • (b) where the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area) , £50.00.
except in a case to which head (b) applies, £45.00; andwhere the home in which the person resides is situated within the area described in Schedule 3C (the Greater London area) , £50.00.the person resides in a residential care home or a nursing home and for this purpose a person shall be regarded as residing in such a home during any period of absence from the home which does not exceed 6 days;he does not have a preserved right;he is aged 16 or over;both the person’s accommodation and such meals (if any) as are provided for him are provided on a commercial basis; andno part of the weekly charge for accommodation is met by housing benefit.is registered under Part I of the Registered Homes Act 1984 or is deemed to be so registered by virtue of section 2(3) of the Registered Homes (Amendment) Act 1991 (registration of small homes where application for registration not determined) ;is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; oris in Scotland and is registered under section 61 of the Social Work (Scotland) Act 1968 or is an establishment provided by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 which provides care equiva lent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;if situate in England or Wales, is registered under Part II of the Registered Homes Act 1984, orif situate in Scotland, is exempted from the operation of the Nursing Homes Registration (Scotland) Act 1938 by virtue of section 6 of that Act,a person has been registered under the Registered Homes Act 1984 in respect of premises which have been carried on as a residential care home or, as the case may be, a nursing home, and that person has ceased to carry on such a home; andan application for registration under that Act has been made by another person and that application has not been determined or abandoned,(2) Schedule 1, which contains amendments of the Income Support Regulations consequential upon the introduction of a residential allowance, shall have effect.(3) Schedule 2, which inserts a new Schedule 3C into the Income Support Regulations, shall also have effect.in paragraph (1) , for the words preceding the words “his weekly applicable amount”, there shall be substituted the words—
  • (1) Subject to regulation 22 (reduction of applicable amounts) where a claimant has a preserved right and either—
  • (a) lives in a residential care or nursing home; or
  • (b) is a member of a family and he and the members of his family live in such a home,
lives in a residential care or nursing home; oris a member of a family and he and the members of his family live in such a home,after paragraph (1ZA) was entitled to income support for the benefit week in which that day fell and his applicable amount was calculated in accordance with Part I of Schedule 4; orwas not in that week entitled to income support because he was able to meet the cost of the accommodation from other sources available to him, but subsequently becomes entitled to income support; orwhere the person was before his absence a temporary resident in the home, 4 weeks, orwhere the person was before his absence a permanent resident in the home, 13 weeks; orwhere throughout the period of absence the person was a patient, 52 weeks,on 31st March 1993 he was living in a residential care home or nursing home within the meaning of paragraph (3) as then in force, and was entitled to income support but his applicable amount was not calculated in accordance with Part I of Schedule 4 because he was a person to whom paragraph 14 of

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