Supplementary Benefit (Requirements and Resources) Amendment and Uprating Regulations 1987

JurisdictionUK Non-devolved
CitationSI 1987/659

1987 No. 659

SOCIAL SECURITY

The Supplementary Benefit (Requirements and Resources) Amendment and Uprating Regulations 1987

Made 3rd April 1987

The Secretary of State for Social Services, with the consent of the Treasury1, in exercise of the powers conferred upon him by sections 1(3), 2(2) and 34(1)2of, and paragraphs 1 and 2 of Schedule 1 to the Supplementary Benefits Act 19763and section 166(2) and (3) of the Social Security Act 19754and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make these Regulations should, insofar as they are required to be referred to it, not be so referred5, hereby makes the following Regulations of which a draft has, in accordance with section 33(3) of the Supplementary Benefits Act 1976 been laid before Parliament:—

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Supplementary Benefit (Requirements and Resources) Amendment and Uprating Regulations 1987 and shall come into force for the purposes of regulations 1, 2(c), 3, 7 and 8 on 6th April 1987 and for all other purposes on 13th April 1987.

(2) In these Regulations the “Requirements Regulations” means the Supplementary Benefit (Requirements) Regulations 19836.

S-2 Amendment of regulation 9 of the Requirements Regulations

Amendment of regulation 9 of the Requirements Regulations

2. In regulation 9 of the Requirements Regulations (modification of normal requirements of boarders) —

(a) in paragraph (1)(a) for the words “paragraph (4)” there shall be substituted the words “paragraphs (4) and (4A)”; and

(b) after paragraph (4) there shall be inserted the following paragraph —

S-4A

“4A Where in addition to the weekly amount for board and lodging in a nursing or residential care home, as calculated in accordance with paragraph (4), a separate charge is made for the provision of heating, attendance, extra baths, laundry, any special diet within the meaning of paragraph 14 of Schedule 4 or domestic assistance, the weekly amount for board and lodging shall be increased by the amount of that charge.”; and

(c) in paragraph (18) after the words “as appropriate” where they occur for the first time there shall be inserted the words “as at the relevant date”.

S-3 Amendment of regulation 10 of the Requirements Regulations

Amendment of regulation 10 of the Requirements Regulations

3. In regulation 10(5) of the Requirements Regulations (modification of normal requirements in special cases) for sub-paragraph (c) there shall be substituted the following sub-paragraph —

“(c)

“(c) in residential accommodation by a local social services authority under section 21 of, and paragraph 1 or 2 of Schedule 8 to, the National Health Service Act 19777, (care of mothers and young children, prevention, care and aftercare) other than —

(i) such accommodation where full board is not available to the person; or

(ii) accommodation provided under the said section 21 and paragraph 2 which is registered under the provisions of Part I of the Registered Homes Act 19848where the premises are used for the rehabilitation of alcoholics or drug users; or

(iii) a hostel within the meaning of paragraph 6(1) of Schedule 1A.”.

S-4 Amendment of regulation 12 of the Requirements Regulations

Amendment of regulation 12 of the Requirements Regulations

4. In regulation 12 (heating) of the Requirements Regulations —

(a) in paragraph (2) after sub-paragraph (j) there shall be added the following sub-paragraph —

“(k)

“(k) no amount shall be applicable under Part I of Schedule 4 in relation to a person to whom regulation 9 applies and who is resident in either a nursing or residential care home unless —

(i) an amount was applicable in relation to him under paragraph 2,3,4,6,7A or 8 of that Schedule immediately before he became resident in such a home; and

(ii) he is absent from his normal home; and

(iii) the period of absence referred to in paragraph (2)(c) or (3), as the case may be, has not expired in his case.”.

(b) in paragraph (4) for all the words preceding sub-paragraph (a) there shall be substituted the words “Except as provided in paragraph (2) (k) the amount applicable in relation to a person to whom regulation 9 (normal requirements of boarders) or regulation 10(2) or any paragraphs 1 to 11 of Schedule 3 (normal requirements in special cases) applies shall be as follows —”.

S-5 Amendment of regulation 13 of the Requirements Regulations

Amendment of regulation 13 of the Requirements Regulations

5. In regulation 13 (items other than heating) of the Requirements Regulations —

(a) at the beginning of paragraph (7) there shall be inserted the words “Subject to paragraph (8)”.

(b) after paragraph (7) there shall be added the following paragraph —

S-8

“8 No amount shall be applicable under Part II of Schedule 4 under paragraphs 10,11,14,15 or 18 in relation to a person to whom regulation 9 applies and who is resident in either a nursing or residential care home.”.

S-6 Insertion of a new regulation 13A to the Requirements Regulations

Insertion of a new regulation 13A to the Requirements Regulations

6. After regulation 13 of the Requirements Regulations (items other than heating) there shall be inserted the following regulation —

S-13A

Transitional provisions relating to persons resident in nursing or...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT