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STATUTORY INSTRUMENTS

2001 No. 3767

SOCIAL SECURITY

The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001

  Made 26th November 2001 
  Laid before Parliament 30th November 2001 
  Coming into force 8th April 2002 

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 67(2), 72(8), 123(1)(a), 124(1)(e), 135(1), 136(2) and (5)(a) and (b), 137(1) and (2)(d) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992[1] sections 4(5), 12(4)(a) and (b), 13(3), 35(1) and 36(1) and (2) of, and paragraph 1(2)(b) of Schedule 1 to, the Jobseekers Act 1995[2] and section 52(1) of the Health and Social Care Act 2001[3] and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[4] hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 and shall come into force on 8th April 2002.

Amendments to regulations
     2.  - (1) The Income Support (General) Regulations 1987[5] shall be amended in accordance with Part I of the Schedule to these Regulations.

    (2) The Jobseeker's Allowance Regulations 1996[6] shall be amended in accordance with Part II of the Schedule to these Regulations.

Amendment of the Social Security (Attendance Allowance) Regulations 1991
     3. In the Social Security (Attendance Allowance) Regulations 1991[7] - 

Amendment of the Social Security (Disability Living Allowance) Regulations 1991
     4. In the Social Security (Disability Living Allowance) Regulations 1991[8] - 



Signed by authority of the Secretary of State for Work and Pensions.


Maria Eagle
Parliamentary Under-Secretary of State, Department for Work and Pensions

26th November 2001



SCHEDULE
Regulation 2



PART I

AMENDMENTS TO THE INCOME SUPPORT (GENERAL) REGULATIONS 1987

     1. In regulation 2 (interpretation) - 

and in paragraph (c) of this definition, "personal care" means 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;";

     2. For regulation 6(4)(d)[15] (persons not treated as in remunerative work), there shall be substituted the following sub-paragraph - 

     3. In regulation 17(4)(a)(iii) (applicable amounts), for "(d)" there shall be substituted "(c)".

     4. In regulation 18(1)[16] (polygamous marriages), for the words "regulations 19" there shall be substituted the words "regulations 21".

     5. Regulation 19 (applicable amounts for persons in residential care and nursing homes) shall be omitted.

     6. In regulation 21 (special cases) - 

     7. In regulation 22A(1)[18] (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work), sub-paragraph (b) shall be omitted.

     8. In regulation 51 (notional capital) - 

     9. In regulation 53(1C)(a)(i)[20] (calculation of tariff income from capital), the words "in the case of a claimant referred to in regulation 19(2) or" shall be omitted.

     10. In regulation 66B(3)[21] (treatment of payments from access funds) - 

     11. In regulation 68(3)[22] (income treated as capital) - 

     12. In regulation 71 (applicable amounts in urgent cases) - 

     13. In regulation 73 (amount of income support payable) - 

     14. In paragraph 2A of Schedule 2[23] (applicable amounts: residential allowance) - 

     15. In paragraph 3(13)(c)(iii) of Schedule 3[24] (housing costs), for the words "regulation 19(3) (provision of residential care or nursing homes)" there shall be substituted the words "regulation 2(1)".

     16. Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be omitted.

     17. In Schedule 7 (applicable amounts in special cases) - 

     18. In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) - 

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

     20. In paragraph 56(2) of Schedule 10[40] (capital to be disregarded), the words "or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes)" shall be omitted.



PART II

AMENDMENTS TO THE JOBSEEKER'S ALLOWANCE REGULATIONS 1996

     1. In regulation 1 (interpretation) - 

     2. For regulation 53(c) (persons not treated as engaged in remunerative work) there shall be substituted the following paragraph - 

     3. In regulation 82[41] (income-based jobseeker's allowance) - 

     4. In regulation 83 (applicable amounts), "or 86" shall be omitted.

     5. In regulation 84(1) (polygamous marriages), for "85" there shall be substituted "or 85" and the words "or 86" and "and for those in residential care and nursing homes" shall be omitted.

     6. In regulation 85 (special cases) - 

     7. Regulation 86 (applicable amounts for persons in residential care and nursing homes) shall be omitted.

     8. In both regulations 86A (applicable amounts for joint-claim couples) and 86B[42] (applicable amounts for joint-claim couples: polygamous marriages), for ", 86C" there shall be substituted "or 86C" and the words "or 86D (members of joint-claim couples in residential care and nursing homes)" shall be omitted.

     9. In regulation 86C (joint-claim couples: special cases) - 

     10. Regulation 86D (applicable amount for a joint-claim couple where a member is in residential care or a nursing home) shall be omitted.

     11. In regulation 113 (notional capital) - 

     12. For regulation 116(1C)(a)[43] (calculation of tariff income from capital) there shall be substituted the following sub-paragraph - 

     13. In regulation 136A(3)[44] (treatment of payments from access funds) - 

     14. In regulation 138(3)[45] (income treated as capital) - 

     15. In regulation 148 (applicable amounts in urgent cases) - 

     16. In regulation 148[46] (applicable amount in urgent cases: joint-claim couples) - 

     17. Regulation 151 (amount of jobseeker's allowance payable where a person is in a residential care or nursing home) shall be omitted.

     18. In paragraph 3 of Schedule 1 (applicable amounts: residential allowance) - 

     19. Schedules 4 (applicable amounts of persons in residential care and nursing homes) and 4A (applicable amount of a joint-claim couple where a member is in a residential care or nursing home) shall be omitted.

     20. In Schedule 5 (applicable amounts in special cases) - 

     21. In Schedule 5A[48] (applicable amounts of joint-claim couples in special cases) - 

     22. In Schedule 6 (sums to be disregarded in the calculation of earnings) - 

     23. In paragraph 1(2), (3)(a)(ii) and (4)(a) of Schedule 6A[49] (sums to be disregarded in the calculation of earnings of members of joint-claim couples) the words "or in accommodation in a residential care home or nursing home" shall be omitted.

     24. In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) - 

     25. In paragraph 51(2) of Schedule 8[53] (capital to be disregarded), the words "or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes)" shall be omitted.


EXPLANATORY NOTE

(This note is not part of the Regulations)


Regulation 2 and the Schedule to these Regulations (except as referred to below) amend the Income Support (General) Regulations 1987 (S.I.1987/1967) and the Jobseeker's Allowance Regulations 1996 (S.I.1996/207) so as to provide, in accordance with the Health and Social Care Act 2001 (c.15), that the special amounts which are applicable to those persons in residential care homes and nursing homes who have preserved rights, shall no longer be applicable from 8th April 2002. That regulation and the Schedule also make consequential amendments.

Paragraph 14 of Part I of the Schedule and paragraph 18 of Part II of the Schedule amend the rules as to when a residential allowance is applicable in income support and jobseeker's allowance to those residing in a residential care home or a nursing home.

Regulations 3 and 4 respectively amend the Social Security (Attendance Allowance) Regulations 1991 (S.I.1991/2740) and the Social Security (Disability Living Allowance) Regulations 1991 (S.I.1991/2890) so as to remove the separate provision in respect of payment of attendance allowance and the care component of disability living allowance for those persons in residential care homes and nursing homes with preserved rights. These amendments have also been made as a consequence of the Health and Social Care Act 2001.

These Regulations do not impose a charge on business.

Notes:

 [1] 1992 c.4; section 137(2)(d) was inserted by paragraph 35(3) of Schedule 2 to the Jobseekers Act 1995 (c.18). Section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word "prescribed".back

[2] Section 13(3) was amended by the Welfare Reform and Pensions Act 1999 (c.30), section 59 and paragraph 9(3) of Schedule 7. Section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words "prescribed" and "regulations".back

[3] 2001 c.15.back

[4] See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5); paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of "relevant enactments" in respect of which regulations must normally be referred to the Committee.back

[5] S.I.1987/1967.back

[6] S.I.1996/207.back

[7] S.I.1991/2740; the relevant amending instruments are S.I.1992/2869 and 3147, 1993/518, 1994/1779, 1995/2162, 1999/2860 and 2000/1401.back

[8] S.I.1991/2890; the relevant amending instruments are S.I.1992/633, 2869 and 3147, 1993/518 and 1939, 1994/1779, 1995/2162, 1999/2860 and 2000/1401 and 3181.back

[9] 1984 c.23.back

[10] 1938 c.73; section 10 was amended by section 15 of the Mental Health (Scotland) Act 1960 (c.61) and that amendment is preserved notwithstanding the repeal of that 1960 Act by section 126(1)(a) of the Mental Health (Scotland) Act 1984 (c.36). Section 10 was also amended by Schedule 7 to the National Health Service (Scotland) Act 1972 (c.58), Schedules 7 and 8 of the Nurses, Midwives and Health Visitors Act 1979 (c.36) and by Schedule 7 to the Health Services Act 1980 (c.53) and subsection (2) of that section 10 was added by section 26 of, and paragraph 14 of Schedule 4 to, the Health Services Act 1980.back

[11] 1984 c.36.back

[12] 1991 c.20.back

[13] 1968 c.49; section 61 was amended by the Criminal Procedure (Scotland) Act 1975 (c. 21), sections 289C and 289G and Schedule 7C.back

[14] 1988 c.43.back

[15] Regulation 6(4) was added by S.I. 2000/681.back

[16] The relevant amending instrument is S.I.1988/1228.back

[17] Paragraph (3A) was inserted by S.I.1991/1656.back

[18] Regulation 22A was added by S.I.1996/206.back

[19] The relevant amending instruments are S.I.1988/1445, 1989/534 and 1991/1559.back

[20] Regulation 53(1C) was inserted by S.I.1996/462.back

[21] Regulation 66B was inserted by S.I. 2000/1922.back

[22] Regulation 68(3) was inserted by S.I. 2000/1922.back

[23] Paragraph 2A was inserted by S.I.1992/3147.back

[24] Schedule 3 was substituted by S.I.1995/1613.back

[25] Paragraph 10A was inserted by S.I.1988/663.back

[26] Paragraph 10B was inserted by S.I.1988/663.back

[27] The relevant amending instrument is S.I.1989/534.back

[28] Paragraph 11A was inserted by S.I.1990/547.back

[29] Paragraph 13A was inserted by S.I.1989/1678; paragraph (3A) was inserted by S.I.1995/516.back

[30] Paragraph 16A was inserted by S.I. 2000/636.back

[31] Paragraph 4 was substituted by S.I.1989/534.back

[32] The relevant amending instrument is S.I.1989/534.back

[33] Paragraph 9 was substituted by S.I.1993/518 and amended by S.I.1995/2203.back

[34] The relevant amending instruments are S.I.1991/1559, 1993/2119 and 1994/527.back

[35] Paragraph 15A was inserted by S.I.1993/518.back

[36] Paragraph 15B was inserted by S.I.1996/606.back

[37] Paragraph 30A was inserted by S.I.1993/2119.back

[38] Paragraph 59 was inserted by S.I.1997/65.back

[39] Paragraph 69 was inserted by S.I.1999/2165.back

[40] Paragraph 56 was inserted by S.I.1999/2165.back

[41] Regulation 82 was substituted by S.I. 2000/1978.back

[42] Regulations 86A and 86B were inserted by S.I. 2000/1978.back

[43] Regulation 116(1C) was inserted by S.I.1996/1516.back

[44] Regulation 66B was inserted by S.I. 2000/1922.back

[45] Regulation 68(3) was inserted by S.I. 2000/1922.back

[46] Regulation 148A was inserted by S.I. 2000/1978.back

[47] Paragraph 13A was inserted by S.I. 2000/636.back

[48] Schedule 5A was inserted by S.I. 2000/1978.back

[49] Schedule 6A was inserted by S.I. 2000/1978.back

[50] Paragraph 16A was inserted by S.I.1996/1517.back

[51] Paragraph 57 was inserted by S.I.1997/65.back

[52] Paragraph 67 was inserted by S.I.1999/2165.back

[53] Paragraph 51 was inserted by S.I.1999/2165.back


ISBN 0 11 038890 9


 © Crown copyright 2001

Prepared 30 November 2001

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URL: http://www.bailii.org/uk/legis/num_reg/2001/20013767.html