The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005 No. 458

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland

You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005 No. 458
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050458.html

[New search] [Help]

STATUTORY RULES OF NORTHERN IRELAND

2005 No. 458
HOUSING; RATES; SOCIAL SECURITY
The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005

	Made	20th October 2005
	Coming into operation	14th November 2005

The Department for Social Development, in exercise of the powers conferred by sections 67(2), 72(8), 122(1)(a) and (d), 129(2) and (4), 131(1) and (2), 132(2), (3) and (4), 132A(2), (3) and (4), 133(2)(h) and (i), 134(1)(a) and (2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[1], sections 1(1C), 5(1)(q) and (5) and 165(4) and (5) of the Social Security Administration (Northern Ireland) Act 1992[2], Articles 6(5) and (12), 14(1), (2) and (4)(a), 22(4) and 22B(4) of and paragraphs 1(2)(b), 8, 8A, 10(1) and (2) and 12 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995[3] and now vested in it[4], sections 6(4)(c) and 7(4)(c) of the Social Security Fraud Act (Northern Ireland) 2001[5] and sections 2(3)(b), 6(1), 15(2) and (6)(b), 17(2)(a) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002[6] and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel[7], in so far as regulation 4 and Schedule 2 are concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that Regulation should not be referred to it[8], hereby makes the following Regulations:

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005 and shall come into operation on 14th November 2005.

    (2) The Interpretation Act (Northern Ireland) 1954[9] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Fund (Maternity and Funeral Expenses) (General) Regulations
     2. In regulation 2(1A) of the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987[10] (interpretation)—

Amendment of the Income Support (General) Regulations
     3. The Income Support (General) Regulations (Northern Ireland) 1987[11] shall be amended in accordance with Schedule 1.

Amendment of the Housing Benefit (General) Regulations
     4. —(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987[12] shall be amended in accordance with Schedule 2.

    (2) The amendments made by paragraphs 1(a)(ii), 6(a) and (b) and 8 of Schedule 2 to these Regulations are to the Housing Benefit (General) Regulations (Northern Ireland) 1987 as modified in their application to persons to whom regulation 2 of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003[13] applies.

Amendment of the Social Security (Claims and Payments) Regulations
     5. —(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[14] shall be amended in accordance with paragraphs (2) and (3).

    (2) Regulation 34B[15] (transitional provisions for persons in hostels or certain residential accommodation) shall be omitted.

    (3) In Schedule 8A[16] (deductions from benefits and direct payment to third parties)—

" "hostel" means an establishment—

(d) in sub-paragraph (b)(iii) a "voluntary organisation" means any association carrying on any activities otherwise than for the purpose of gain by the association or by individual members thereof, but shall not include any public body;

(e) in sub-paragraph (c)—

(b) in paragraph 4[19] (miscellaneous accommodation costs)—

(ii) in sub-paragraph (2)[21] for head (a) there shall be substituted the following head—

Amendment of the Social Fund (Cold Weather Payments) (General) Regulations
6. In regulation 1A of the Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988[22] (prescribed description of persons), for paragraph (2) there shall be substituted the following paragraphs—

(3) In paragraph (2)—

Amendment of the Social Security (Attendance Allowance) Regulations
7. In regulation 7 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992[24] (persons in certain accommodation other than hospitals)—

"independent hospital" has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

"nursing home" has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 11 of that Order;

"residential care home" has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 10 of that Order.".

Amendment of the Social Security (Disability Living Allowance) Regulations
8. In regulation 9 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992[25] (persons in certain accommodation other than hospitals)—

"independent hospital" has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

Amendment of the Jobseeker's Allowance Regulations
9. The Jobseeker's Allowance Regulations (Northern Ireland) 1996[26] shall be amended in accordance with Schedule 3.

Amendment of the Social Fund Winter Fuel Payment Regulations
10. In regulation 1 of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000[27] (citation, commencement and interpretation)—

" "independent hospital" has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;";

" "nursing home" has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 11 of that Order;";

" "residential care home" has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 10 of that Order;";

Amendment of the Social Security (Loss of Benefit) Regulations
     11. —(1) The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002[31] shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 5(4) (meaning of "person in hardship") for "or nursing home" there shall be substituted ", nursing home, an Abbeyfield Home or an independent hospital".

    (3) In regulation 11(5) (application of Part and meaning of "couple in hardship") for "or nursing home" there shall be substituted ", nursing home, an Abbeyfield Home or an independent hospital".

Amendment of the State Pension Credit Regulations
     12. The State Pension Credit Regulations (Northern Ireland) 2003[32] shall be amended in accordance with Schedule 4.

Revocations
     13. The regulations specified in column (1) of Schedule 5 are revoked to the extent mentioned in column (3).

Sealed with the Official Seal of the Department for Social Development on

20th October 2005.

L.S.

John O'Neill
A senior officer of the Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 4 and Schedule 2 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on

20th October 2005.

L.S.

Jack Layberry
A senior officer of the Department of Finance and Personnel

SCHEDULE 1Regulation 3

AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS

1. In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) after the definition of "the Registered Homes Order"[

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

" "independent hospital" has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;";

2. In regulation 6(4)[39] (persons not treated as engaged in remunerative work) for sub-paragraph (d) there shall be substituted the following sub-paragraph—

3. In regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household)—

" "accommodation" means accommodation provided or arranged by the Department of Health, Social Services and Public Safety under Article 15 or 36 of the 1972 Order in a home owned or managed by a Health and Social Services Board or an HSS trust where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;".

4. In regulation 17(4)(a) (applicable amounts)[43] for head (iii) there shall be substituted the following head—

5. In regulation 21 (special cases)—

6. In regulation 42 (notional income) for paragraph (4A)[48] there shall be substituted the following paragraph—

7. In regulation 53 (calculation of tariff income from capital)—

(b) in paragraph (1C)[50] for "accommodation" in both places where it occurs, there shall be substituted "hospital";

(c) paragraph (4)[51] shall be omitted.

8. In Schedule 3 (housing costs)[52]—

(b) in paragraph 4(1) (housing costs not met), in head (b) for "in accommodation which is a residential care home or a nursing home except where he is in such accommodation" there shall be substituted "living in a residential care home, nursing home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital".

9. In Schedule 3A[53] (protected sum), in paragraph 7 (protected persons), for sub-paragraph (4)[54] there shall be substituted the following sub-paragraph—

(b) he becomes a patient within the meaning of regulation 21(3);

(c) on his ceasing to be a patient within the meaning of regulation 21(3) either—

(d) in a case to which sub-paragraph (6) applies, on his becoming re-entitled to income support, he is in—

10. In Schedule 7 (applicable amounts in special cases)—

(ii) in sub-paragraph (b) for heads (iii) and (iv) there shall be substituted the following head—

" or,

(b) in paragraph 10[56] (polygamous marriages where one or more partners are temporarily separated) at column (1) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph—

11. In Schedule 8 (sums to be disregarded in the calculation of earnings), in paragraph 4(2)[57], 4(3)(a)(ii) and 4(4)(a) "or in residential accommodation" shall be omitted.

12. In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(b) in paragraph 30A[59]—

(c) in paragraph 62[60] for "in a residential care or nursing home" there shall be substituted "residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital".

13. In Schedule 10 (capital to be disregarded), in paragraph 59(5)[61] for "being in residential accommodation, a residential care home or a nursing home" there shall be substituted "residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital".

SCHEDULE 2Regulation 4

AMENDMENT OF THE HOUSING BENEFIT (GENERAL) REGULATIONS

1. In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) after the definition of "the Registered Homes Order"[

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

" "hostel" means a building—

(iii) after the definition of "an income-based jobseeker's allowance"[64] there shall be inserted the following definition—

" "independent hospital" has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;";

2. In regulation 5(9) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), for the definition of "residential accommodation"[66] there shall be substituted the following definition—

" "residential accommodation" means accommodation which is provided in—

3. In regulation 7 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling)—

(d) paragraphs (4) to (14)[70] shall be omitted.

4. In regulation 8 (eligible housing costs), for paragraph (2)[71] there shall be substituted the following paragraph—

5. In regulation 12A(5)[72] (pre-tenancy decisions), the definitions of "nursing home" and "residential care home" shall be omitted.

6. In regulation 25(5)[73] (meaning of income)—

(b) for sub-paragraph (c) there shall be substituted the following sub-paragraph—

7. In regulation 45 (calculation of tariff income from capital)—

(b) in paragraph (4)[75]—

" and in this definition "board" refers to the availability to the claimant in the home in which his accommodation is provided of cooked or prepared food, where the food is made available to him in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both those charges and is made available for his consumption without any further charge to him.";

8. In Schedule 5 (capital to be disregarded), paragraph 61[77]—

9. In Schedule 5ZA[78] (capital to be disregarded), paragraph 14—

Transitional arrangements and savings for Housing Benefit
10. —(1) Sub-paragraph (2) shall apply to a person who, on 13th November 2005, was a person to whom paragraph (2) of regulation 7 of the Housing Benefit Regulations as in operation on that date applied.

(2) Where this sub-paragraph applies—

    (3) In this paragraph and in paragraphs 11 and 12 of this Schedule, the "Housing Benefit Regulations" means the Housing Benefit (General) Regulations (Northern Ireland) 1987.

     11. —(1) Sub-paragraph (2) shall apply to a person who, on 13th November 2005, was a person to whom paragraph (5) of regulation 7 of the Housing Benefit Regulations as in operation on that date applied.

    (2) Where this sub-paragraph applies—

12. —(1) Sub-paragraph (2) shall apply to a person who, on 13th November 2005, was a person to whom paragraph (7) of regulation 7 of the Housing Benefit Regulations as in operation on that date applied.

(2) Where this sub-paragraph applies—

SCHEDULE 3Regulation 9

AMENDMENT OF THE JOBSEEKER'S ALLOWANCE REGULATIONS

1. In regulation 1 (citation, commencement and interpretation)—

(a) in paragraph (2)—

(i) after the definition of "the 1998 Order"[

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

2. In regulation 53 (persons treated as not engaged in remunerative work) for paragraph (c)[82] there shall be substituted the following paragraph—

3. In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household)—

4. In regulation 85 (special cases)—

5. In regulation 105 (notional income), for paragraph (11)[87] there shall be substituted the following paragraph—

6. In regulation 116 (calculation of tariff income from capital)—

(b) in paragraph (1C)[89] for "accommodation" in both places where it occurs, there shall be substituted "hospital";

(c) paragraph (4)[90] shall be omitted.

     7. In regulation 140 (meaning of "person in hardship"), in paragraph (4) for "or nursing home" there shall be substituted ", nursing home, an Abbeyfield Home or an independent hospital".

     8. In regulation 146A[91] (meaning of "couple in hardship"), in paragraph (4) for "or nursing home" there shall be substituted "home, nursing home, an Abbeyfield Home or an independent hospital".

     9. In Schedule 2 (housing costs)—

(b) in paragraph 4(1) (housing costs not met), in head (b)[92] for "in accommodation which is a residential care home or a nursing home except where he is in such accommodation" there shall be substituted "living in a residential care home, nursing home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital".

10. In Schedule 4 (applicable amounts in special cases)—

(ii) in sub-paragraph (b) for heads (iii) and (iv) there shall be substituted the following head—

" or

(b) in paragraph 6 (polygamous marriages where one or more partners are temporarily separated) at column (1) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph—

11. In Schedule 4A[93] (applicable amounts of joint-claim couples in special cases)—

(ii) in sub-paragraph (b) for heads (iii) and (iv) there shall be substituted the following head—

" or

(b) in paragraph 5 (polygamous marriages where one or more members are temporarily separated) at column (1) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph—

     12. In Schedule 5 (sums to be disregarded in the calculation of earnings), in paragraph 5(2)[94], 5(3)(a)(ii) and 5(4)(a) "or in residential accommodation" shall be omitted.

     13. In Schedule 5A[95] (sums to be disregarded in the calculation of earnings of members of joint-claim couples), in paragraph 1(2)[96], 1(3)(a)(ii) and 1(4)(a) "or in residential accommodation" shall be omitted.

     14. In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(b) in paragraph 32[98]—

(c) in paragraph 60[99] for "in a residential care or nursing home" there shall be substituted "residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital".

15. In Schedule 7 (capital to be disregarded) in paragraph 52(5)[100] for "being in residential accommodation, a residential care home or a nursing home" there shall be substituted "residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital".

SCHEDULE 4Regulation 12

AMENDMENT OF THE STATE PENSION CREDIT REGULATIONS

1. In regulation 1(2) (citation, commencement and interpretation), after the definition of "the Income Support Regulations" there shall be inserted the following definition—

" "independent hospital" has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;".

     2. In regulation 5(1) (persons treated as being or not being members of the same household), in sub-paragraph (b) for "or nursing home" there shall be substituted ", nursing home or an independent hospital".

     3. In regulation 12(c) (end of assessed income period) for "or nursing home" there shall be substituted ", nursing home or an independent hospital".

     4. In regulation 15(7) (income for purposes of the Act), for sub-paragraph (c) there shall be substituted the following sub-paragraph—

5. In Schedule 2 (housing costs)—

and while in the residential care home, nursing home or independent hospital, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.".

(b) in paragraph 5(1), in head (b) for "or nursing home" there shall be substituted ", nursing home or an independent hospital".

6. In Schedule 5 (capital disregarded for the purpose of calculating income), in paragraph 13(5) for "being in a residential care home or nursing home." there shall be substituted "residing in a residential care home, nursing home or an independent hospital.".

SCHEDULE 5Regulation 13

REGULATIONS REVOKED

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of revocation
The Social Security (Claims and Payments) (Amendment No.2) Regulations (Northern Ireland) 1989	S.R. 1989 No. 398	Regulation 5
The Social Security (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 1991	S.R. 1991 No. 488	Regulation 6(7)(a)(ii)
The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations (Northern Ireland) 1993	S.R. 1993 No. 149	Paragraph 3 of Schedule 2
The Income Support and Jobseeker's Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001	S.R. 2001 No. 227	The whole of the Regulations
The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002	S.R. 2002 No. 132	Regulation 3(2)
The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003	S.R. 2003 No. 191	Regulation 13

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations make amendments to social security legislation that are consequential upon the introduction of a new regulatory system in Northern Ireland of "residential care homes", "nursing homes" and "independent hospitals" by the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003. This has replaced the previous system of regulation of residential care homes and nursing homes, as provided for by the Registered Homes (Northern Ireland) Order 1992. The new system also requires the registration of Health and Social Service Trust homes and small homes, which were previously unregulated.

The Regulations therefore replace references in social security legislation to terms describing these establishments, which were based on the old regulatory system, with new terms in line with the current regulatory system.

These Regulations make amendments to the following sets of regulations—

Paragraphs 10 to 12 of Schedule 2 to the Regulations make transitional provision to preserve the existing transitional protection provided to a closed category of housing benefit claimants in certain types of residential accommodation.

Regulation 13 makes consequential revocations as set out in Schedule 5. It also revokes the Income Support and Jobseeker's Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001, which, due to the amendments made by the Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002, are obsolete.

In so far as these Regulations are required, for the purposes of regulation 4 and Schedule 2, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, ("the 1992 Act"), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.

Notes:

[1] 1992 c. 7; section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14), section 134(1)(a) was substituted by Article 66(1) of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and section 171(1) was amended by paragraph 5 of Schedule 4 to, the Tax Credits Act 2002 (c. 21)back

[2] 1992 c. 8; section 1(1C) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)) and section 5(5) was inserted by Article 3 of the Housing Benefit (Payment to Third Parties) (Northern Ireland) Order 1996 (S.I. 1996/2597 (N.I. 20))back

[3] S.I. 1995/2705 (N.I. 15); Article 22B was inserted by paragraph 14 of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), paragraph 8A of Schedule 1 was inserted by paragraph 16(2) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999, paragraph 10(1) of Schedule 1 was substituted by paragraph 16(5) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph 10(2) of Schedule 1 was amended by paragraph 114 of Schedule 6 to, the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and paragraph 16(6) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999 back

[4] See Article 8(b) and Part II of Schedule 6 to, S.R. 1999 No. 481 back

[5] 2001 c. 17 (N.I.)back

[6] 2002 c. 14 (N.I.)back

[7] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of and Part II of Schedule 4 to, S.R. 1999 No. 481 back

[8] See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 back

[9] 1954 c.33 (N.I.)back

[10] S.R. 1987 No. 150; paragraph (1A) was inserted by regulation 2(3) of S.R. 1996 No. 423 and amended by regulation 2(2)(b) of S.R. 1997 No. 155 back

[11] S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 Nos. 146, 193, 318 and 431, S.R. 1989 Nos. 139 and 395, S.R. 1990 No. 387, S.R. 1991 No. 345, S.R. 1992 No. 403, S.R. 1993 Nos. 149, 165 and 373, S.R. 1994 Nos. 65, 77 and 165, S.R. 1995 Nos. 86 and 301, S.R. 1996 Nos. 93, 199 and 489, S.R. 1997 No. 22, S.R. 1998 Nos. 2 and 81, S.R. 2000 Nos. 74 and 366, S.R. 2001 No. 150, S.R. 2002 No. 132 and S.R. 2003 Nos. 191, 195, 261 and 267 back

[12] S.R. 1987 No. 461; relevant amending Regulations are S.R. 1988 No. 314, S.R. 1991 No. 176, S.R. 1993 No. 149, S.R. 1994 No. 65, S.R. 1996 Nos. 93, 111 and 334, S.R. 1998 No. 455, S.R. 1999 No. 372, S.R. 2001 Nos. 150 and 215 and S.R. 2003 No. 197 back

[13] S.R. 2003 No. 197 back

[14] S.R. 1987 No. 465; relevant amending Regulations are S.R. 1989 No.398, S.R. 1991 No. 488, S.R. 1993 No. 149, S.R. 1996 No. 354, S.R. 1999 No. 472, S.R. 2002 No. 132 and S.R. 2003 Nos. 191 and 412 back

[15] Regulation 34B was inserted by regulation 5 of S.R. 1989 No. 398 and amended by Article 9(2) of S.R. 1999 No. 472 (C. 36) and regulation 13 of S.R. 2003 No. 191 back

[16] Schedule 8A was inserted by regulation 2(3) of, and the Schedule to, S.R. 1988 No. 67 back

[17] The definition of "hostel" was inserted by regulation 6(7)(a)(ii) of S.R. 1991 No. 488 and amended by paragraph 3(3) of Schedule 2 to, S.R. 1993 No. 149 and regulation 3(2) of S.R. 2002 No. 132 back

[18] S.I. 1981/156 (N.I. 3)back

[19] Paragraph 4 was substituted by paragraph 2(2) of Schedule 1 to, S.R. 1993 No. 149 back

[20] Sub-paragraph (1) was amended by regulation 8(a)(ii) of S.R. 1989 No. 398, regulation 2(26)(d)(ii) of S.R. 1996 No. 354, Article 9(2) of S.R. 1999 No. 472 (C. 36), regulation 3(3)(a) of S.R. 2002 No. 132 and regulation 2(a) to (d) of S.R. 2003 No. 412 back

[21] Sub-paragraph (2) was substituted by regulation 2(e) of S.R. 2003 No. 412 back

[22] S.R. 1988 No. 368; regulation 1A was inserted by regulation 2 of S.R. 1991 No. 487 and amended by regulation 3 of S.R. 1996 No. 488, regulation 25(4) to (6) of S.R. 2003 No. 191, regulation 3(2) of S.R. 2003 No. 267 and regulation 2 of S.R. 2004 No. 429 back

[23] S.I. 2003/431 (N.I. 9)back

[24] S.R. 1992 No. 20; paragraph (5) was amended by regulation 2 of S.R. 2002 No. 31 back

[25] S.R. 1992 No. 32; paragraph (8) was amended by regulation 3 of S.R. 2002 No. 31 back

[26] S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 Nos. 356, 358 and 503, S.R. 1997 No. 22, S.R. 1998 Nos. 2 and 81, S.R. 1999 No. 428 (C. 32), S.R. 2000 Nos. 350 and 366, S.R. 2001 No. 150, S.R. 2002 No. 132 and S.R. 2003 Nos. 195 and 261 back

[27] S.R. 2000 No. 91; relevant amending Regulations are S.R. 2000 No. 321, S.R. 2001 No. 373 and S.R. 2003 No. 267 back

[28] The definition of "nursing home" was amended by regulation 5(a) of S.R. 2003 No. 267 back

[29] Paragraph (3) was amended by regulation 2(2)(b) of S.R. 2000 No. 321 and regulation 2(2)(a) of S.R. 2001 No. 373 back

[30] Paragraph (3A) was substituted by regulation 5(b) of S.R. 2003 No. 267 back

[31] S.R. 2002 No. 79 back

[32] S.R. 2003 No.28 back

[33] The definition of "the Registered Homes Order" was inserted by regulation 2(2)(a) of S.R. 1993 No. 149 back

[34] The definition of "housing benefit expenditure" was substituted by regulation 4(1) of S.R. 1997 No. 22 back

[35] The definition of " nursing home" was substituted by regulation 2(1) of, and paragraph 1(a)(i) of Part I of the Schedule to S.R. 2002 No. 132 back

[36] The definition of "residential accommodation" was substituted by regulation 2(c) of S.R. 1988 No. 318 and amended by paragraph 1 of Schedule 1 to S.R. 1989 No. 139 and regulation 2(1) of, and paragraph 1(a)(ii) of Part I of the Schedule to, S.R. 2002 No. 132 back

[37] The definition of "residential care home" was inserted by regulation 2(2)(d) of S.R. 1993 No. 149 and substituted by regulation 2(1) of, and paragraph 1(a)(i) of Part I of the Schedule to S.R. 2002 No. 132 back

[38] Paragraph (1A) was inserted by regulation 2(1) of, and paragraph 1(b) of Part I of the Schedule to, S.R. 2002 No. 132 and amended by regulation 3(2) of S.R. 2003 No. 261 back

[39] Paragraph (4) was added by regulation 2(b)(iii) of S.R. 2000 No. 74 and sub-paragraph (d) was substituted by regulation 2(1) of, and paragraph 2 of Part I of the Schedule to, S.R. 2002 No. 132 back

[40] Paragraph 3(e) was amended by paragraph 6(3) of Schedule 2 to, S.R. 1993 No. 149 back

[41] Paragraph 5(b) was amended by regulation 8(d) of S.R. 1988 No. 146, regulation 3 and 10 of, and paragraph 3 of Schedule 1 to, S.R. 1989 No. 139 and regulation 8(a) of S.R. 1996 No. 199 back

[42] The definition of "an authority" was inserted by regulation 2(3)(c)(i) of S.R. 1998 No. 2 back

[43] Paragraph (4)(a)(iii) was added by regulation 2 of S.R. 1988 No. 193 and amended by paragraph 6(4) of Schedule 2 to, S.R. 1993 No. 149 and regulation 2(1) of, and paragraph 3 of Part I of the Schedule to, S.R. 2002 No. 132 back

[44] The definition of "residential accommodation" was amended by paragraph 1(4)(a) of Schedule 1 to, S.R. 1993 No. 149 and paragraph 1(f) of Schedule 12 to, S.R. 1994 No. 65 back

[45] Paragraph (3A) was inserted by regulation 2(b) of S.R. 1991 No. 345 and amended by paragraph 6(6) of Schedule 2 to, S.R. 1993 No. 149, regulation 2 of S.R. 1996 No. 489 and regulation 2(1) and paragraph 6(c) of the Schedule to, S.R. 2002 No. 132, paragraph (3B) was inserted by regulation 4(3)(a) of S.R. 1993 No. 165 and paragraph 1(g) of Schedule 12 to, S.R. 1994 No. 165 and paragraph (3C) was inserted by regulation 4(3)(a) of S.R. 1993 No. 165 back

[46] Paragraph (4) was substituted by paragraph 1(4)(b) of Schedule 1 to, S.R. 1993 No. 149 and amended by regulation 2(6)(b) of S.R. 1995 No. 86 back

[47] Paragraph (4A) was inserted by regulation 4(5)(b) of S.R. 1992 No. 403 and amended by paragraph 1(4)(c) of Schedule 1 to, S.R. 1993 No. 149 and paragraph (4B) was inserted by regulation 4(3)(b) of S.R. 1993 No. 165 back

[48] Paragraph (4A) was inserted by regulation 4(4)(b) of S.R. 1994 No. 77 and amended by paragraph 10(h) of Schedule 1 to, S.R. 2003 No. 195 back

[49] Paragraph (1B) was inserted by regulation 11(1)(b)(ii) of S.R. 1996 No. 93 and amended by regulation 8(a) and (b) of S.R. 1997 No. 22 back

[50] Paragraph (1C) was inserted by regulation 11(1)(b)(ii) of S.R. 1996 No. 93 back

[51] Paragraph (4) was added by regulation 11(1)(b)(iv) of S.R. 1996 No. 93 back

[52] Schedule 3 was substituted by regulation 2 of S.R. 1995 No. 301 back

[53] Schedule 3A was inserted by paragraph 16 of Schedule 1 and schedule 2 to, S.R. 1988 No. 318 back

[54] Sub-paragraph (4) was amended by regulation 17(f) of S.R. 1988 No. 431 back

[55] Paragraph 9 was amended by regulation 22 of S.R. 1988 No. 318, regulation 11(a) of S.R. 1989 No. 395, regulation 3(7)(a) of S.R. 1990 No. 387 and regulation 7 and paragraph 6(13)(a) of Schedule 2 to, S.R. 1993 No. 149 back

[56] Paragraph 10 was amended by regulation 34(a) of S.R. 1988 No. 146, regulation 3(7)(b) of S.R. 1990 No. 387, paragraph 6(13)(b) and Schedule 2 to, S.R. 1993 No. 149 and regulation 2(8)(a) of S.R. 2003 No. 267 back

[57] Paragraph 4 was substituted by regulation 9 of S.R. 1989 No. 139 and amended by regulation 3 of S.R. 2000 No. 366, paragraph 16(a) and Part I of the Schedule to, S.R. 2002 No. 132 and regulation 24(7)(c) of S.R. 2003 No. 191 back

[58] Paragraph 15A was inserted by regulation 4(5)(c) of S.R. 1993 No. 165 and amended by regulation 2(1) of, and paragraph 17(c) of Part I of the Schedule to, S.R. 2002 No. 132 and regulation 2(9) of S.R. 2003 No. 267 back

[59] Paragraph 30A was inserted by regulation 4(22)(e) of S.R. 1993 No. 373 and amended by regulation 2(1) of, and paragraph 17(f) of Part I of the Schedule to, S.R. 2002 No. 132 back

[60] Paragraph 62 was added by regulation 9(1)(c)(ii) of S.R. 1998 No. 81 back

[61] Paragraph 59 was inserted by regulation 2(1) of S.R. 2001 No. 150 back

[62] The definition of "the Registered Homes Order" was inserted by regulation 3(2) of S.R. 1993 No. 149 back

[63] The definition of "hostel" was inserted by regulation 3 of S.R. 1999 No. 372 back

[64] The definition of "an income-based jobseeker's allowance" was inserted by regulation 2(a)(iii) of S.R. 1996 No. 334 back

[65] The definition of "the normal regional rate" was inserted by regulation 2 of S.R. 1991 No. 176 back

[66] The definition of "residential accommodation" was substituted by regulation 3(3) of S.R. 1993 No. 149 and amended by paragraph 1(c) of Schedule 13 to, S.R. 1994 No. 65 back

[67] Paragraph (1) was substituted by regulation 3 of S.R. 1998 No. 455 back

[68] Paragraph (2) was amended by regulation 3(4)(b) of S.R. 1993 No. 149 back

[69] Paragraph (3) was substituted by paragraph 5 of Schedule 2 to, S.R. 1993 No. 149 back

[70] Paragraphs (4) to (14) were added by regulation 3(4)(c) of S.R. 1993 No. 149 back

[71] Paragraph (2) was amended by regulation 3(a) of S.R. 1988 No. 314, regulation 3(5) of S.R. 1993 No. 149 and regulation 5 of S.R. 1996 No. 334 back

[72] Regulation 12A was inserted by regulation 9 of S.R. 1996 No. 111 and amended by regulation 3 of S.R. 1999 No. 372 and regulation 4(d) and (e) of S.R. 2001 No. 215 back

[73] Regulation 25 was substituted, in relation to any person who has attained the qualifying age for state pension credit, by regulation 8 of S.R. 2003 No. 197 back

[74] Paragraph (1B) was inserted by regulation 11(2)(b)(ii) of S.R. 1996 No. 93 back

[75] Paragraph (4) was added by regulation 11(2)(b)(iv) of S.R. 1996 No. 93 back

[76] Paragraph (5) was added by regulation 11(2)(b)(iv) of S.R. 1996 No. 93 back

[77] Paragraph 61 was added by regulation 2(2) of S.R. 2001 No. 150 back

[78] Schedule 5ZA was inserted, in relation to any person who has attained the qualifying age for state pension credit, by paragraph 1(c) of Schedule 2 to, S.R. 2003 No. 197 back

[79] The definition of "the 1998 Order" was inserted by Article 9(2)(a) of S.R. 1999 No. 428 (C. 32)back

[80] S.I. 2003/431 (N.I. 9)back

[81] Paragraph (2F) was inserted by regulation 2(2) of, and paragraph 1(b) of Part II of the Schedule to, S.R. 2002 No. 132 and amended by regulation 5(2) of S.R. 2003 No. 261 back

[82] Paragraph (c) was substituted by regulation 2(2) of, and paragraph 2 of Part II of the Schedule to, S.R. 2002 No. 132.back

[83] Paragraph (3) was amended by regulation 18 of S.R. 1996 No. 358 and regulation 2(5) of, and paragraph 33(c) of Schedule 2 to, S.R. 2000 No. 350 back

[84] The definition of "an authority" was inserted by regulation 8(4)(c) of S.R. 1998 No. 2 back

[85] Paragraph (3) was amended by regulation 3 and paragraph 8(b) of Schedule 2 to, S.R. 2003 No. 195 back

[86] Paragraph (5) was substituted by regulation 2(9)(c) of S.R. 1996 No. 503 back

[87] Paragraph (11) was amended by regulation 3 of, and paragraph 10(f) of Schedule 2 to, S.R. 2003 No. 195 back

[88] Paragraph (1B) was inserted by regulation 10(b) of S.R. 1996 No. 356 and amended by regulation 8 of S.R. 1997 No. 22 back

[89] Paragraph (1C) was inserted by regulation 10(b) of S.R. 1996 No. 356 back

[90] Paragraph (4) was added by regulation 10(c) of S.R. 1996 No. 356 back

[91] Regulation 146A was inserted by regulation 2(3) of S.R. 2000 No. 350 back

[92] Head (b) was amended by regulation 2(5) of, and paragraph 54(4)(a) of Schedule 2 to, S.R. 2000 No. 350 back

[93] Schedule 4A was inserted by paragraph 57 of Schedule 2 to, S.R. 2000 No. 350 back

[94] Paragraph 5 was amended by regulation 3 of, and paragraph 3(b) of the Schedule to, S.R. 2000 No. 366 and regulation 2(2) of, and paragraph 21(a) of Part II of the Schedule to, S.R. 2002 No. 132 back

[95] Schedule 5A was inserted by regulation 58 of S.R. 2000 No. 350 back

[96] Paragraph 1 was amended by regulation 3 of, and paragraph 3(c) of the Schedule to, S.R. 2000 No. 366 and regulation 2(2) of, and paragraph 22 of Part II of the Schedule to, S.R. 2002 No. 132 back

[97] Paragraph 16 was amended by regulation 2(2) of, and paragraph 23(c) and (d) of Part II of the Schedule to, S.R. 2002 No. 132 back

[98] Paragraph 32 was amended by regulation 2(2) of, and paragraph 23(f) of Part II of the Schedule to, S.R. 2002 No. 132 back

[99] Paragraph 60 was added by regulation 9(2)(b) of S.R. 1998 No. 81 back

[100] Paragraph 52 was inserted by regulation 2(1) of S.R. 2001 No. 150 back

ISBN 0 337 96198 0

Prepared 16 November 2005

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050458.html

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005 No. 458 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050458.html