Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

The Social Security (Hospital In-Patients) Regulations 2005

Consolidated Text As Enacted Cited authorities 97 Cited in Amendments 4 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2005/3360
Year2005
  • this regulation and regulations 2, 5, 7 and 8, on 10th April 2006,
  • in so far as it relates to a particular beneficiary other than a beneficiary in receipt of incapacity benefit or severe disablement allowance, on 10th April 2006 if it is his day for payment or, if not, on his day for payment next following 10th April 2006 (“
  • in so far as it relates to a particular beneficiary in receipt of incapacity benefit or severe disablement allowance, on 10th April 2006,
  • regulation 4, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th April 2006 (“
  • regulation 6, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th April 2006 (“
  • in so far as it relates to a beneficiary specified in paragraphs (b) to (d) , on the dates specified in those paragraphs for that beneficiary, and
  • otherwise, on 10th April 2006.
    • (1) Paragraphs (2) and (3) apply where a beneficiary is entitled to an increase in benefit for an adult or child dependant under Part IV of the Social Security Contributions and Benefits Act 1992 the dependant, orsome other person who is approved by the Secretary of State and who satisfies the Secretary of State that he will apply the increase for the benefit of the dependant.the dependant, orsome other person who is approved by the Secretary of State and who satisfies the Secretary of State that he will apply the increase for the benefit of a child F45of the beneficiary.in a hospital or similar institution under the National Health Service Act 1977 in a hospital or similar institution maintained or administered by the Defence Council,(5) For the purposes of paragraph (4) , a period during which a person is regarded as receiving or having received free in-patient treatment shall be deemed to begin on the day after the day on which he enters a hospital or similar institution referred to in that paragraph and to end on the day on which he leaves such a hospital or similar institution.where an increase in a person's benefit is payable in respect of an adult or child dependant the increase shall be treated as a separate benefit, andwhere a beneficiary's spouse or civil partner (“dependant”) is temporarily absent from Great Britain for the purpose of being treated for incapacity which commenced before he left Great Britain the absence shall be disregarded for the purpose of determining whether the beneficiary is residing with the dependant and is entitled to an increase in benefit for him.
  • in paragraph (3)
    • he is detained or liable to be detained under section 45A of the Mental Health Act 1983 he is detained or liable to be detained under section 47 of the Mental Health Act 1983
  • for “each of the conditions specified in paragraph (3) (a) and (b) ” substitute
  • for “for the Home Department or the Secretary of State for Scotland and furnished to the Secretary of State for Social Services” substitute
  • in paragraph (8) omit sub-paragraphs (e) and (f) .
    • (1) The Income Support (General) Regulations 1987 are amended as follows.omit paragraph (2) (periods for which a person has been a patient) , andin paragraph (3) (interpretation) in the definition of “patient”, for “the Social Security (Hospital In-Patients) Regulations 1975” substitute “ regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005 in sub-paragraph (b) (ii) (bb) in sub-paragraph (d) (4) In Schedule 3 “patient” has the meaning given in paragraph 3(13) (b) and “prisoner” has the meaning given in regulation 21(3) ; andin calculating a period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; orunder the heading “Patients”, omit paragraphs 1 and 2 in columns (1) and (2) ,in column (1) —
      (2A) A claimant who is detained, or liable to be detained, under—
    • (a) section 45A of the Mental Health Act 1983 (hospital and limitation directions) or section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction) ; or
    section 45A of the Mental Health Act 1983 section 47 of the Mental Health Act 1983 in column (2) “2A.

    To continue reading

    Request your trial
    Navigation index

    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