Statutory Instruments made by the National Assembly for Wales

regulation 18

" In paragraph (1) for the words from "regulations 21 to 22A" to "urgent cases" substitute "regulations 19A and 21 (special cases)". Omit paragraph (1)(cc) and (h). After regulation 18 insert the following regulation  -  "      119A Care Homes     (1) Where the claimant lives permanently in  -  (a) a care home within the meaning of section 3 of the Care Standards Act 2000; or (b) in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948; and and the claimant is a resident of such accommodation due to his or her personal circumstances and not as a carer, then the claimant's weekly applicable amount will be calculated in accordance with Part I of Schedule 4A.". ";

(b) Omit the entry relating to regulation 19;

(c) For the entry relating to regulation 21 substitute the following entry - 

regulation 21

" In paragraph (1) omit the words from "Subject to" to "amounts". In paragraph (3) omit the definition "partner of a person subject to immigration control". In paragraph (3) omit the definition of "person from abroad". Omit paragraphs (1B), (2), (3A), (3B), (3C), (3D), (3E), (3F), (4), (4A), (4B) and (5). ";

(d) After the entry relating to regulation 21 insert the following entry - 

regulations 21ZB and 22A

Omit these regulations.";

(e) In the entry relating to Schedule 2 - 

(i) for the modification in respect of paragraph 1 substitute the following modification - 



" In column (1) of the Table for sub-paragraphs (1) to (3) substitute  -      " (1) Single Person aged not less than 25;     (2) Lone Parent;     (3) Single Person aged less than 25;     (4) Couple". In column (2) of the Table (amounts) insert  -  (a) against sub-paragraph (1) of column (1), the amount prescribed in paragraph 1(e) of column (2) in the unmodified regulations; (b) against sub-paragraph (2) of column (1), the amount prescribed in paragraph 1(e) of column (2) in the unmodified regulations; (c) against sub-paragraph (3) of column (1), the amount prescribed in paragraph 1(b) of column (2) in the unmodified regulations; and (d) against sub-paragraph (4) of column (1), the amount prescribed in paragraph 3(d) of column (2) in the unmodified regulations. ";

(ii) for the modification in respect of paragraph 2 substitute the following modification  - 



In paragraph 2(1) omit "for the relevant period specified in column (1)".";

(iii) After the modification in respect of paragraph 10 insert the following modification - 



omit paragraphs 10(3) and 10(4).";

(i) After the modification in respect of paragraph 1 insert the following modification - 



omit paragraph 1A.";

(ii) In the modification in respect of paragraph 3 for the words "sub-paragraphs (8)" substitute "sub-paragraphs (7)" ";

(iii) In the modification in respect of paragraph 4 for the words "residential care home or a nursing home" substitute "care home or accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948";

(g) After the entry in relation to Schedule 3 insert the following entry - 

Schedule 3B

" After Schedule 3B insert the following schedule  -  " Schedule 4A Applicable amounts of a person in accommodation within the meaning of regulation 19A.      1.  -      (1) The applicable amount of a claimant to whom regulation 19A applies shall be the aggregate of  -  (a) subject to paragraphs 1 (2) and 2, the weekly charge for the accommodation, including all meals and services provided for the claimant or, if the claimant is a member of a family, for the claimant and his or her family, increased, where appropriate, in accordance in paragraph 2; and (b) a weekly amount for personal expenses for the claimant and, if the claimant is a member of a family, for each member of his or her family determined in accordance with paragraph 2.     (2) Except where otherwise provided, no amount shall be included in respect of a child or young person who is a member of the claimant's family if the capital of that child or young person calculated in accordance with Part V in like manner as for the claimant would exceed £3,000.      2.  -      (1) The appropriate allowance for personal expenses for the claimant and his or her partner (where appropriate) will be that set out in Schedule 9 to the Social Security Claims and Payments Regulations 1987[12] at paragraph 4(2A)(a).     (2) Where the claimant has a dependant child or children residing with him or her, the personal expenses allowed for each dependant will be that set out in Schedule 9 to the Social Security Claims and Payments Regulations 1987 at paragraph 4(2A)(a)." ";

(h) Omit the entry relating to Schedule 4;

(i) For the entry relating to Schedule 7 substitute the following entry - 

Schedule 7

In paragraph 1 omit the references to sub-paragraph (g) of regulation 17(1) and sub-paragraph (h) of regulation 18(1)." In column (2) of paragraph 1 omit the references to sub-paragraph (g) or regulation 17(1) and sub-paragraph (h) of regulation 18(1). Omit both columns of paragraphs 6, 7, 10A, 10B, 10C, 16A, 17 and 19A. In column (1) of paragraph 9 for sub-paragraphs (a)(i) and (ii) substitute the following -  "      9 (a) (i) in a care home, or (ii) is in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948". In column (1) of paragraphs 9(b)(iii) and (iv) substitute -  "      9 (b) (i) in a care home, or (ii) is in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948.". After paragraph 10 insert the following paragraph -      into column (1) -  "      10ZA A claimant who is a lone parent who is temporarily in a care home or in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948.".     into column (2)  -  " Any amount applicable to the claimant under paragraphs 1(1)(a), (b) and (c) of Schedule 4A, determined as if he or she were a single claimant plus -  (a) in respect of each child who is a member of the claimant's family, the appropriate amount in respect of that child prescribed in paragraph 2 of Schedule 2 or under this Schedule as appropriate; and (b) any amount which would be applicable to the claimant, if he or she were not living away from home, under regulation 17(1)(c) or (d) in so far as it relates to the lone parent premium and family premium under paragraph 8 of Schedule 2.". "