Supplementary Benefit (Requirements and Resources) Amendment Regulations 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/1325 |
1987 No. 1325
SOCIAL SECURITY
The Supplementary Benefit (Requirements and Resources) Amendment Regulations 1987
Made 24th July 1987
The Secretary of State for Social Services, with the consent of the Treasury1, in pursuance of paragraph 2 of Schedule 1 to the Supplementary Benefits Act 19762and in exercise of the powers conferred by sections 1(3), 2(2), 33(5) and 34(1)3of, and paragraphs 1 and 2 of that Schedule to, that Act and 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 insofar as they are required to be referred to it5should not be so referred, 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 and approved by resolution of each House of Parliament:
Citation and commencement
1. These Regulations may be cited as the Supplementary Benefit (Requirements and Resources) Amendment Regulations 1987 and shall come into force for the purposes of regulation 4 on the 1st September 1987 and for all other purposes on 27th July 1987.
Amendment of Schedule 1A to the Supplementary Benefit (Requirements) Regulations 1983
2.—(1) Schedule 1A to the Supplementary Benefit (Requirements) Regulations 19836(maximum amounts for boarders) shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph 6(1)–
(a)
(a) for the definition of “nursing home” there shall be substituted the following definition–
““nursing home” means–
(a) a nursing home or mental nursing home registered under Part II of the Registered Homes Act 19847unless exempted under section 37 of that Act; or
(b) a nursing home or mental nursing home maintained or controlled by a body instituted by special Act of Parliament or incorporated by Royal Charter; or
(c) in Scotland, a nursing home within the meaning of section 10 of the Nursing Homes Registration (Scotland) Act 19388, or a private hospital within the meaning of the Mental Health (Scotland) Act 19849, and registered under either of those Acts unless exempted from registration;”;
(b)
(b) in the definition of “residental care home”–
(i) in paragraph (a) there shall be omitted all the words from “including” to “registered”, and
(ii) after paragraph (e) there shall be added the following–
“or
(f)
(f) which provides residential accommodation with both board and personal care for persons in need of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, or past or present mental disorder for fewer than 4 persons, excluding persons carrying on or intending to carry on the home or employed or intended to be employed there and their relatives, but only if–
(i) that personal care to residents of the establishment is provided by at least two employed or self-employed persons (referred to in this paragraph as responsible persons) and the provision of that care forms the predominant aspect of that employment, and
(ii) those responsible persons have at least one year’s relevant experience in caring for persons in need of the category of personal care for which the establishment provides such care, and
(iii) at least one responsible person is available throughout the day to care for residents of the establishment, and
(iv) throughout the night, at least one responsible person...
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