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STATUTORY INSTRUMENTS

2005 No. 2687

SOCIAL SECURITY

The Social Security (Care Homes and Independent Hospitals) Regulations 2005

  Made 24th September 2005 
  Laid before Parliament 30th September 2005 
  Coming into force 24th October 2005 

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 67(2)(a) and (b), 72(8)(a) and (b), 123(1)(a), (d) and (e), 130(2) and (4), 135(1) and (2), 136(2), (3), (4) and (5), 136A(2), (3) and (4)[1], 137(1), 137(2)(h) and (i), 138(1)(a), (2) and (4), and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992[2], sections 1(1C)[3], 5(1)(p), 5(6)[4] and 189(4) and (5) of the Social Security Administration Act 1992[5], sections 4(5) and (12), 12(1), (2) and (4)(a), 20(4), 20B(4)[6], 35(1) and 36(1) and (2) of and paragraphs 1(2)(b), 8, 8A[7], 10(1) and (2) and 12 of Schedule 1 to the Jobseekers Act 1995[8], section 122(5) of the Housing Act 1996[9], sections 62(4)(c), 63(4)(c) and 65(1) of the Child Support, Pensions and Social Security Act 2000[10], sections 7(4)(c), 8(4)(c) and 11(1) of the Social Security Fraud Act 2001[11], sections 2(3)(b), 6(1), 15(2) and (6)(b) and 17(2)(a) of the State Pension Credit Act 2002[12] 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[13], makes the following Regulations:

Citation and commencement
     1. These Regulations shall be cited as the Social Security (Care Homes and Independent Hospitals) Regulations 2005 and shall come into force on 24th October 2005.

Amendment of the Income Support (General) Regulations 1987
     2. The Income Support (General) Regulations 1987[14] shall be amended in accordance with Schedule 1 to these Regulations.

Amendment of the Jobseeker's Allowance Regulations 1996
     3. The Jobseeker's Allowance Regulations 1996[15] shall be amended in accordance with Schedule 2 to these Regulations.

Amendment of the Housing Benefit (General) Regulations 1987
     4. —(1) The Housing Benefit (General) Regulations 1987[16] shall be amended in accordance with Schedule 3 to these Regulations.

    (2) The amendments made by paragraphs 1(a)(ii), 6(a) and (b) and 8 of Schedule 3 to these Regulations are to the Housing Benefit (General) Regulations 1987 as modified in their application to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003[17] applies.

Amendment of the Council Tax Benefit (General) Regulations 1992
     5. —(1) The Council Tax Benefit (General) Regulations 1992[18] shall be amended in accordance with Schedule 4 to these Regulations.

    (2) The amendments made by paragraphs 1(a), 3(a) and (b) and (4) of Schedule 4 to these Regulations are to the Council Tax Benefit (General) Regulations 1992 as modified in their application to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 applies.

Amendment of the State Pension Credit Regulations 2002
     6. The State Pension Credit Regulations 2002[19] shall be amended in accordance with Schedule 5 to these Regulations.

Revocation of the Income Support and Jobseeker's Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 2001
     7. The Income Support and Jobseeker's Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 2001[20] are hereby revoked.

Amendment of the Social Fund Winter Fuel Payment Regulations 2000
     8. —(1) The Social Fund Winter Fuel Payment Regulations 2000[21] shall be amended in accordance with this regulation.

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

Amendment of the Social Fund Cold Weather Payments (General) Regulations 1988
     9. —(1) The Social Fund Cold Weather Payments (General) Regulations 1988[25] shall be amended in accordance with this regulation.

    (2) In regulation 1A (prescribed descriptions of persons)[26]—

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987
     10. —(1) The Social Fund Maternity and Funeral Expenses (General) Regulations 1987[28] shall be amended in accordance with this regulation.

    (2) In paragraph (1A) of regulation 3 (interpretation)[29]—

Amendment of the Social Security (Disability Living Allowance) Regulations 1991
     11. —(1) The Social Security (Disability Living Allowance) Regulations 1991[30] shall be amended in accordance with this regulation.

    (2) In regulation 9 (persons in certain accommodation other than hospitals)[31]—

Amendment of the Social Security (Attendance Allowance) Regulations 1991
     12. —(1) The Social Security (Attendance Allowance) Regulations 1991[32] shall be amended in accordance with this regulation.

    (2) In regulation 7 (persons in certain accommodation other than hospitals)[33]—

Amendment of the Social Security (Claims and Payments) Regulations 1987
     13. —(1) The Social Security (Claims and Payments) Regulations 1987[34] shall be amended in accordance with this regulation.

    (2) Omit regulation 35A (transitional provisions for persons in hostels or certain residential accommodation)[35].

    (3) In Schedule 9 (deductions from benefit and direct payment to third parties)—

Amendment of the Social Security (Breach of Community Order) Regulations 2001
     14. —(1) The Social Security (Breach of Community Order) Regulations 2001[40] shall be amended in accordance with this regulation.

    (2) In paragraph (4) of regulation 6 (meaning of "person in hardship"), for "residential care home or nursing home" substitute "care home, an Abbeyfield Home or an independent hospital".

    (3) In paragraph (4) of regulation 12 (meaning of "couple in hardship") for "residential care or nursing home" substitute "care home, an Abbeyfield Home or an independent hospital".

Amendment of the Social Security (Loss of Benefit) Regulations 2001
     15. —(1) The Social Security (Loss of Benefit) Regulations 2001[41] shall be amended in accordance with this regulation.

    (2) In paragraph (4) of regulation 5 (meaning of "person in hardship") for "residential care home or nursing home" substitute "care home, an Abbeyfield Home or an independent hospital".

    (3) In paragraph (5) of regulation 11 (application of Part and meaning of "couple in hardship") for "residential care or nursing home" substitute "care home, an Abbeyfield Home or an independent hospital".



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


James Plaskitt
Parliamentary Under Secretary of State, Department for Work and Pensions

24th September 2005



SCHEDULE 1
Regulation 2


AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987


     1. In regulation 2 (interpretation)—

     2. For paragraph (4)(d) of regulation 6 (persons not treated as engaged in remunerative work)[45] substitute—

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

     4. For paragraph (4)(a)(iii)[50] of regulation 17 (applicable amounts) substitute—

     5. In regulation 21 (special cases)—

     6. In paragraph (4A) of regulation 42 (notional income)[55] for "lives in a residential care home or a nursing home, or is temporarily absent from such a home" substitute "resides in a care home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital".

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

     8. In Schedule 3 (housing costs)[59]—

     9. For sub-paragraph (4) of paragraph 7 (protected persons) of Schedule 3A (protected sum)[61] substitute—

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

     11. In sub-paragraphs (2), (3)(a)(ii) and (4)(a) of paragraph 4 of Schedule 8 (sums to be disregarded in the calculation of earnings)[64] omit "or in residential accommodation".

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

     13. In paragraph 64[68] of Schedule 10 (capital to be disregarded) in sub-paragraph (5) for "being in residential accommodation, a residential care home or a nursing home" substitute "residing in a care home, an Abbeyfield Home or an independent hospital".



SCHEDULE 2
Regulation 3


AMENDMENT OF THE JOBSEEKER'S ALLOWANCE REGULATIONS 1996


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

     2. For paragraph (c) of regulation 53 (persons treated as not engaged in remunerative work)[70] substitute—

     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 paragraph (11) of regulation 105 (notional income)[72] for "lives in a residential care home or a nursing home, or is temporarily absent from such a home" substitute "resides in a care home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital".

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

     7. In paragraph (4) of regulation 140 (meaning of "person in hardship") for "residential care home or nursing home" substitute "care home, an Abbeyfield Home or an independent hospital".

     8. In paragraph (4) of regulation 146A (meaning of "couple in hardship")[76] for "residential care or nursing home" substitute "care home, an Abbeyfield Home or an independent hospital".

     9. In Schedule 2 (housing costs)—

     10. In Schedule 5 (applicable amounts in special cases)—

     11. In Schedule 5A (applicable amounts of joint-claim couples in special cases)[78]—

     12. In paragraph 5 of Schedule 6 (sums to be disregarded in the calculation of earnings)[79] in sub-paragraphs (2), (3)(a)(ii) and (4)(a) omit "or in residential accommodation".

     13. In paragraph 1 of Schedule 6A (sums to be disregarded in the calculation of earnings of members of joint-claim couples)[80] in sub-paragraphs (2), (3)(a)(ii) and (4)(a) omit "or in residential accommodation".

     14. In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)[81]—

     15. In paragraph 57 of Schedule 8 (capital to be disregarded)[82] in sub-paragraph (5) for "being in residential accommodation, a residential care home or a nursing home" substitute "residing in a care home, an Abbeyfield Home or an independent hospital".



SCHEDULE 3
Regulation 4


AMENDMENT OF THE HOUSING BENEFIT (GENERAL) REGULATIONS 1987


     1. In regulation 2 (interpretation)—

     2. In paragraph (9) of regulation 5[87] (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" substitute—

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

     4. In regulation 8 (eligible housing costs)—

     5. In paragraph (8) of regulation 12A[91] (requirement to refer to rent officers), omit the definitions of "nursing home" and "residential care home".

     6. In paragraph (5)[92] of regulation 25 (meaning of income)—

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

     8. In paragraph 14(5) of Schedule 5ZA[96] (capital to be disregarded) for "being in a care home" substitute "residing in a care home or an independent hospital".

     9. In Schedule 5 (Capital to be disregarded)—

Transitional arrangements and savings for housing benefit
     10. —(1) Sub-paragraph (2) shall apply to a person who, on 3rd October 2005 was a person to whom paragraph (2) of regulation 7 of the Housing Benefit Regulations as in force on that date applied.

    (2) Where this paragraph applies—

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

     11. —(1) Sub-paragraph (2) shall apply to a person who, on 3rd October 2005, was a person to whom paragraph (5) of regulation 7 of the Housing Benefit Regulations as in force on that date applied.

    (2) Where this sub-paragraph applies—

     12. —(1) Sub-paragraph (2) shall apply to a person who, on 3rd October 2005, was a person to whom paragraph (7) of regulation 7 of the Housing Benefit Regulations as in force on that date applied.

    (2) Where this sub-paragraph applies—



SCHEDULE 4
Regulation 5


AMENDMENT OF THE COUNCIL TAX BENEFIT (GENERAL) REGULATIONS 1992


     1. In regulation 2 (interpretation)—

     2. In paragraph (6) of regulation 4C[101] (circumstances in which a person is or is not treated as occupying a dwelling as his home) for the definition of "residential accommodation" substitute—

     3. In paragraph (5)[102] of regulation 17 (meaning of income)—

     4. In paragraph 14(5) of Schedule 5ZA[103] (capital to be disregarded) for "being in a care home" substitute "residing in a care home or an independent hospital".

     5. In Schedule 5 (capital to be disregarded)—



SCHEDULE 5
Regulation 6


AMENDMENT OF THE STATE PENSION CREDIT REGULATIONS 2002


     1. In paragraph (2) of regulation 1 (citation, commencement and interpretation) at the appropriate place insert the following definition—

     2. In paragraph (1)(b) of regulation 5 (persons treated as being or not being members of the same household) after "care home" insert "or an independent hospital".

     3. In paragraph (c) of regulation 12 (end of assessed income period) after "care home" insert "or an independent hospital".

     4. For paragraph (7)(d) of regulation 15 (income for purposes of the Act)[105] substitute—

     5. In Schedule 2 (housing costs)—

     6. In paragraph 13(5) of Schedule 5 (capital disregarded for the purpose of calculating income) for "being in a care home" substitute "residing in a care home or an independent hospital".


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 England and Wales of "care homes" and "independent hospitals" by the Care Standards Act 2000 (c. 14) and, in Scotland, of "care home services" and "independent health care services" by the Regulation of Care (Scotland) Act 2001 (asp8). This has replaced the previous system of regulation of residential care homes and nursing homes, as provided for by the Registered Homes Act 1984 (c. 23) in England and Wales, and, in Scotland by the Nursing Homes Registration (Scotland) Act 1938 (c. 73) and the Social Work (Scotland) Act 1968 (c. 49). The new systems also require the registration of care homes provided by local authorities, 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 systems, with new terms in line with the current regulatory systems.

These Regulations make amendments to the following sets of regulations—

Paragraphs 10 to 12 of Schedule 3 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.

The Regulations also revoke the Income Support and Jobseeker's Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/1785) which, due to the amendments made by the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), are obsolete (at regulation 7).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

Notes:

 [1] Section 136A was inserted for the purpose only of exercising power to make regulations by paragraph 3 of Schedule 2 of the State Pension Credit Act 2002 (c.16).back

[2] 1992 c. 4.back

[3] Section 1C was inserted by section 19 of the Social Security Administration (Fraud) Act 1997 (c.47).back

[4] Section 5(6) was inserted by section 120 of the Housing Act 1996 (c.52).back

[5] 1992 c.5.back

[6] Section 20B was inserted by section 59 of the Welfare Reform and Pensions Act 1999 (c.30).back

[7] Paragraph 8A was inserted by section 59 of the Welfare Reform and Pensions Act 1999.back

[8] 1995 c.18.back

[9] 1996. c52.back

[10] 2000 c. 19.back

[11] 2001 c.11.back

[12] 2002 c.16.back

[13] See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5).back

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

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

[16] S.I. 1987/ 1971.back

[17] S.I. 2003/325.back

[18] S.I. 1992/1814 .back

[19] S.I. 2002/1792.back

[20] S.I. 2001/1785.back

[21] S.I. 2000/729. Relevant amending instruments are S.I. 2000/2864, 2001/3375, 2003/1121 and 2004/2154.back

[22] 2000 c.14.back

[23] 2001asp.8.back

[24] Paragraph (3) was substituted by S.I. 2001/3375.back

[25] S.I. 1988/1724.back

[26] Regulation 1A was inserted by S.I. 1991/2448; relevant amending instruments are S.I. 1996/2544, 2002/3019 and 2003/1121.back

[27] 1947 c.19.back

[28] S.I. 1987/481.back

[29] Paragraph (1A) of regulation 3 was inserted by S.I. 1996/1443 and amended by S.I. 1997/792.back

[30] S.I. 1991/2890.back

[31] Relevant amending instrument is S.I. 2002/208.back

[32] S.I. 1991/2740.back

[33] Relevant amending instrument is S.I. 2002/208.back

[34] S.I. 1987/1968.back

[35] Regulation 35A was inserted by S.I. 1989/1686.back

[36] The definition of "hostel" was inserted by S.I. 1991/2284 and amended by S.I. 2002/398.back

[37] 1964 c.56.back

[38] 1988 c53.back

[39] Relevant amending instruments are S.I. 1989/136, 1992/3147, 1996/1460, 1999/3178, 2002/398 and 2003/2325.back

[40] S.I. 2001/1395.back

[41] S.I. 2001/4022.back

[42] The definition of "residential accommodation" was substituted by S.I. 1988/1445 and amended by S.I. 1989/534 and 2001/3767.back

[43] The definitions of "nursing home" and " residential care home" were substituted by S.I. 2001/3767; relevant amending instrument is S.I. 2005/2078.back

[44] Paragraph (1A) was inserted by S.I. 2001/3767 and amended by S.I. 2003/1195.back

[45] Paragraph (4) was inserted by S.I. 2000/681 and sub-paragraph (d) was substituted by S.I. 2001/3767.back

[46] Relevant amending instruments are S.I. 1988/663, 1989/534 and 1996/206.back

[47] 1948 c.29.back

[48] 1968 c.49.back

[49] 2003 asp.13.back

[50] Relevant amending instrument is S.I. 2001/3767.back

[51] The definition of "residential accommodation" was substituted by S.I. 1992/3147; relevant amending instruments are S.I. 1994/2139, 1995/516 and 2005/2078.back

[52] Paragraph (3A) was inserted by S.I. 1991/1656 and amended by S.I. 1996/2614 and 2001/3767. Paragraph (3B) was inserted by S.I. 1993/518 and amended by S.I. 1995/516. Paragraph (3C) was inserted by S.I. 1993/518 and amended by S.I. 1993/2119. Paragraph (3D) was inserted by S.I. 1994/2139. Pargraph (3E) was inserted by S.I. 1994/2139 and amended by S.I. 2005/2078.back

[53] Paragraph (4) was amended by S.I. 1992/3147 and 1995/516.back

[54] Paragraph (4A) was inserted by S.I. 1992/2155 and amended by S.I. 1992/3147. Paragraph (4B) was inserted by S.I. 1993/518.back

[55] Paragraph (4A) was inserted by S.I. 1994/527 and amended by S.I. 2003/455.back

[56] Paragraph (1B) was inserted by S.I. 1996/462 and amended by S.I. 1997/65 and 1997/2197.back

[57] Paragraph (1C) was inserted by S.I. 1996/462 and amended by S.I. 1997/65 and 2001/3767.back

[58] Paragraph (4) was inserted by S.I. 1996/462.back

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

[60] Sub-paragraph 13(c) of paragraph 3 was amended by S.I. 2001/3767.back

[61] Schedule 3A was inserted by S.I. 1988/1455. Sub-paragraph (4) of paragraph 7 was amended by S.I. 1988/2022.back

[62] Column 1 of paragraph 9 was amended by S.I. 1989/1678.back

[63] Column 1 of paragraph 10 was amended by S.I. 1988/663 and 1991/236.back

[64] Paragraph 4 was substituted by S.I. 1989/534. Sub-paragraphs (2), (3)(a)(ii) and (4)(a) were amended by S.I. 2001/3767.back

[65] Paragraph 15A was inserted by S.I. 1993/518 and was amended by S.I. 1995/516 and 2005/2078.back

[66] Paragraph 30A was inserted by S.I. 1993/2119 and was amended by S.I. 2001/3767.back

[67] Paragraph 66 was inserted by S.I. 1998/2117; relevant amending instrument S.I. 2000/681.back

[68] Paragraph 64 was inserted by S.I. 2001/1118.back

[69] Paragraph (3F) was inserted by S.I. 2001/3767 and amended by S.I. 2003/1195.back

[70] Paragraph (c) was substituted by S.I. 2001/3767.back

[71] Paragraph (3) was amended by S.I. 2003/455.back

[72] Paragraph (11) was amended by S.I. 2003/455.back

[73] Paragraph (1B) was inserted by S.I. 1996/1516 and amended by S.I. 1997/65 and 1997/2197.back

[74] Paragraph (1C) was inserted by S.I. 1996/1516 and amended by S.I. 2001/3767.back

[75] Paragraph (4) was inserted by S.I. 1996/1516.back

[76] Regulation 146A was inserted by S.I. 2000/1978.back

[77] Sub-paragraph (1)(b) of paragraph 4 was amended by S.I. 2000/1978.back

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

[79] Relevant amending instrument is S.I. 2001/3767.back

[80] Schedule 6A was inserted by S.I. 2000/1978. Paragraph 1 was amended by S.I. 2000/2545 and 2001/3767.back

[81] Paragraph 16 was amended by S.I. 2001/3767 and 2005/2078, paragraoh 32 was amended by S.I. 2001/3767 and paragraph 64 was inserted by S.I. 1998/2117.back

[82] Paragraph 57 was inserted by S.I. 2001/1118.back

[83] Definition of hostel was inserted by S.I. 1999/2401.back

[84] These definitions were inserted, in relation to any claimant who has attained the qualifying age for state pension credit, by S.I. 2003/325.back

[85] 2000 c.14.back

[86] 2001 asp8.back

[87] Paragraph (9) was amended by S.I. 1995/625 and by S.I. 1992/3147.back

[88] Paragraphs (4) to (12) were inserted by S.I. 1992/3147.back

[89] Paragraph (2) was amended by S.I.1992/3147 and by S.I. 1996/1510.back

[90] Paragraphs (2ZA) and (2ZB) were inserted by S.I. 1993/518.back

[91] Paragraph 12A was inserted by S.I. 1990/546.back

[92] Paragraph (5) was inserted, in relation to any claimant who has attained the qualifying age for state pension credit, by S.I. 2003/325.back

[93] Paragraph (1B) was inserted by S.I.1996/462.back

[94] Paragraph (4) was inserted by S.I. 1996/462.back

[95] Paragraph (5) was inserted by S.I. 1996/462.back

[96] Schedule 5ZA was inserted, in relation to any person who has attained the qualifying age for state pension credit, by S.I. 2003/325.back

[97] Paragraph 66 was inserted by S.I. 2001/1118.back

[98] These definitions were inserted, in relation to any claimant who has attained the qualifying age for state pension credit, by S.I. 2003/325.back

[99] 2000 c.14.back

[100] 2001 asp8.back

[101] Regulation 4C was added by S.I. 1995/625.back

[102] Paragraph (5) was inserted, in relation to any claimant who has attained the qualifying age for state pension credit, by S.I. 2003/325.back

[103] Schedule 5ZA was inserted, in relation to any person who has attained the qualifying age for state pension credit, by S.I. 2003/325.back

[104] Paragraph 66 was inserted by S.I. 2001/1118.back

[105] Paragraph (7)(d) of regulation 15 was amended by S.I. 2005/2078.back


ISBN 0 11 073386 X


 © Crown copyright 2005

Prepared 30 September 2005

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URL: http://www.bailii.org/uk/legis/num_reg/2005/20052687.html