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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

M1,M2,M3,M4,M5,M6,M7,M8,M9,M10,M11,M12,M13 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) , 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 , sections 1(1C) , 5(1)(p), 5(6) and 189(4) and (5) of the Social Security Administration Act 1992 , sections 4(5) and (12), 12(1), (2) and (4)(a), 20(4), 20B(4) , 35(1) and 36(1) and (2) of and paragraphs 1(2)(b), 8, 8A , 10(1) and (2) and 12 of Schedule 1 to the Jobseekers Act 1995, section 122(5) of the Housing Act 1996, sections 62(4)(c), 63(4)(c) and 65(1) of the Child Support, Pensions and Social Security Act 2000 , sections 7(4)(c), 8(4)(c) and 11(1) of the Social Security Fraud Act 2001 , sections 2(3)(b), 6(1), 15(2) and (6)(b) and 17(2)(a) of the State Pension Credit Act 2002 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 , 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

M142.The Income Support (General) Regulations 1987 shall be amended in accordance with Schedule 1 to these Regulations.

Amendment of the Jobseeker's Allowance Regulations 1996

M153.The Jobseeker's Allowance Regulations 1996 shall be amended in accordance with Schedule 2 to these Regulations.

Amendment of the Housing Benefit (General) Regulations 1987

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Council Tax Benefit (General) Regulations 1992

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the State Pension Credit Regulations 2002

M166.The State Pension Credit Regulations 2002 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

M177.The Income Support and Jobseeker's Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 2001 are hereby revoked.

Amendment of the Social Fund Winter Fuel Payment Regulations 2000

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Fund Cold Weather Payments (General) Regulations 1988

M189. —(1)The Social Fund Cold Weather Payments (General) Regulations 1988 shall be amended in accordance with this regulation.

M19 (2) In regulation 1A (prescribed descriptions of persons) —

(a) in paragraph (1)—

(i) for “paragraph (3)” substitute “ paragraph (2) ” ;

(ii) in sub-paragraph (ib) omit “and is not resident in a care home”;

(b) for paragraphs (2) and (3) substitute—

“ (2) Paragraph (1)(i), (ia) and (ib) shall not apply to a person who resides in—

(a) a care home;

(b) an independent hospital;

(c) an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or

(d) accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947M20 (provision by the Secretary of State of accommodation in camps).

(3) In paragraph (2)—

(a) “ care home ” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001;

(b) “ independent hospital ” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001. ” .

Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987

F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Disability Living Allowance) Regulations 1991

M2111. —(1)The Social Security (Disability Living Allowance) Regulations 1991 shall be amended in accordance with this regulation.

M22 (2) In regulation 9 (persons in certain accommodation other than hospitals) —

(a) in paragraph (6)(c) for “residential homes” substitute “ independent hospitals or care homes ” ;

(b) after paragraph (6) add the following paragraph—

“ (7) In paragraph (6)—

“ care home ” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;

“ independent hospital ” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001. ” .

Amendment of the Social Security (Attendance Allowance) Regulations 1991

M2312. —(1)The Social Security (Attendance Allowance) Regulations 1991 shall be amended in accordance with this regulation.

M24 (2) In regulation 7 (persons in certain accommodation other than hospitals) —

(a) in paragraph (5)(c) for “residential homes” substitute “ independent hospitals or care homes ” ;

(b) after paragraph (5) insert the following paragraph—

“ (6) In paragraph (5)—

“ care home ” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;

“ independent hospital ” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001. ” .

Amendment of the Social Security (Claims and Payments) Regulations 1987

M2513. —(1)The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with this regulation.

M26 (2) Omit regulation 35A (transitional provisions for persons in hostels or certain residential accommodation) .

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

(a) M27 in sub-paragraph (1) of paragraph 1 (interpretation), for the definition of “hostel” substitute—

“ “ hostel ” means a building—

(a) in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and self-contained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and—

(b) which is—

(i) managed by or owned by a housing association registered with the Housing Corporation established by the Housing Act 1964M28 ;

(ii) managed or owned by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988M29 ;

(iii) operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; or

(iv) managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community, and

(c) which is not—

(i) a care home;

(ii) an independent hospital; or

(iii) an establishment run by the Abbeyfield Society including all bodies corporate or incorporated which are affiliated to that Society, and

(d) in sub-paragraph (b)(iv) above, “ voluntary organisation ” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority; ” ;

(b) M30 in paragraph 4 (miscellaneous accommodation costs) —

(i) in sub-paragraph (1)—

(aa) in head (a), for “in a residential care home or nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ” ;

(bb) omit head (b)(i) and (iii);

(ii) in head (a) of sub-paragraph (2) omit—

“ (i) as specified in sub-paragraph (1)(b)(i) or (iii); or

(ii) ” .

Amendment of the Social Security (Breach of Community Order) Regulations 2001

M3114. —(1)The Social Security (Breach of Community Order) Regulations 2001 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

M3215. —(1)The Social Security (Loss of Benefit) Regulations 2001 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

Regulation 2

SCHEDULE 1 AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987

1. In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) M33,M34 omit the definitions of “nursing home”, “residential accommodation” and “residential care home” ;

(ii) at the appropriate places insert the following definitions—

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

“ care home ” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;

“ independent hospital ” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001; ” ;

(b) M35 in paragraph (1A) from “residential care home” to “reside in that home” substitute “ care home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital ” .

M36 2. For paragraph (4)(d) of regulation 6 (persons not treated as engaged in remunerative work) substitute—

“ (d) a person who—

(i) is in employment;

(ii) lives in, or is temporarily absent from, a care home, an Abbeyfield Home or an independent hospital; and

(iii) requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness. ” .

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

(a) in paragraph (3)(e) for “in residential accommodation or a residential care home or a residential nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ” ;

(b) M37 in paragraph (5)(b) omit “provided under any of the provisions referred to in any of sub-paragraphs (a) to (d) (excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3)”;

(c) in paragraph (8) before sub-paragraph (a) insert—

“ (za) “ accommodation ” means accommodation provided by a local authority in a home owned or managed by that local authority—

(i) under sections 21 to 24 of the National Assistance Act 1948M38 (provision of accommodation),

(ii) in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968M39 (provision of residential or other establishment), or

(iii) under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003M40 (care and support services etc. ),

where the accommodation is provided for a person whose stay in that accommodation has become other than temporary; ” .

M41 4. For paragraph (4)(a)(iii) of regulation 17 (applicable amounts) substitute—

“ (iii) in a care home, an Abbeyfield Home or an independent hospital; or ” .

5. In regulation 21 (special cases)—

(a) M42 in paragraph (3) omit the definition of “residential accommodation” ;

(b) M43,M44,M45 omit paragraphs (3A) to (3E) and (4) to (4B) .

M46 6. In paragraph (4A) of regulation 42 (notional income) 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)—

(a) M47 in paragraph (1B) —

(i) for sub-paragraphs (a) and (b) substitute—

“ (a) a care home or an independent hospital;

(b) an Abbeyfield Home; ” ;

(ii) omit sub-paragraph (d);

(b) M48 in paragraph (1C) —

(i) after “home” in both places insert “ , hospital ” ;

(ii) in sub-paragraph (a) for “, (b) or (d)” substitute “ or (b) ” ;

(c) M49 omit paragraph (4) .

M50 8. In Schedule 3 (housing costs) —

(a) M51 for sub-paragraph (13)(c) of paragraph 3 (circumstances in which a person is to be treated as occupying a dwelling as his home) substitute—

“ (c) “ residential accommodation ” means accommodation which is a care home, an Abbeyfield Home or an an independent hospital; ” ;

(b) in sub-paragraph (1)(b) of paragraph 4 (housing costs not met) for “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” substitute “ living in care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital ” .

M52 9. For sub-paragraph (4) of paragraph 7 (protected persons) of Schedule 3A (protected sum) substitute—

“ (4) Paragraph 6(b) shall not apply to a protected person if—

(a) he moves to accommodation where he—

(i) satisfies condition (i) or (iii) of sub-paragraph (1)(b);

(ii) is receiving both board and personal care other than in a care home or an independent hospital;

(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—

(i) he returns to the accommodation which he occupied immediately before he became a patient; or

(ii) he moves to other accommodation where he—

(aa) satisfies condition (i) or (iii) of sub-paragraph (1)(b); or

(bb) is receiving both board and personal care other than in a care home or an independent hospital; or

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

(i) the accommodation which he occupied immediately before he ceased to be entitled to income support; or

(ii) accommodation where he—

(aa) satisfies condition (i) or (iii) of sub-paragraph (1)(b); or

(bb) is receiving both board and personal care other than in a care home or an independent hospital. ” .

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

(a) M53 in paragraph 9 (specified cases of temporarily separated couples) at column (1)—

(i) in sub-paragraph (a) for heads (i) and (ii) substitute—

“ (i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or ” ;

(ii) in sub-paragraph (b) for heads (iii) and (iv) substitute—

“ (iii) residing in a care home, an Abbeyfield Home or an independent hospital. ” ;

(b) M54 in paragraph 10 (polygamous marriages where one or more partners are temporarily separated) at column (1) for sub-paragraphs (a) and (b) substitute—

“ (a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or ” .

M55 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) omit “or in residential accommodation”.

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

(a) M56 in paragraph 15A —

(i) in sub-paragraph (1) for “residential care home or nursing home” substitute “ care home, an Abbeyfield Home or an independent hospital ” ;

(ii) in sub-paragraph (2)(a) for “residential care or nursing home” substitute “ care home, Abbeyfield Home or independent hospital ” and after “the home” insert “ or hospital ” ;

(b) M57 in paragraph 30A —

(i) in sub-paragraph (1) for “in a residential care home or nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ” and after “in that home” add “ or hospital ” ;

(ii) in sub-paragraph (2) for “residential care home or nursing home” substitute “ care home, an Abbeyfield Home or an independent hospital ” ;

(c) M58 in paragraph 66 for “in a residential care or nursing home” substitute “ living in a care home, an Abbeyfield Home or an independent hospital ” .

M59 13. In paragraph 64 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 ” .

Regulation 3

SCHEDULE 2 AMENDMENT OF THE JOBSEEKER'S ALLOWANCE REGULATIONS 1996

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

(a) in paragraph (3)—

(i) omit the definitions of “nursing home”, “residential accommodation” and “residential care home”; and

(ii) at the appropriate places insert the following definitions—

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

“ care home ” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;

“ independent hospital ” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001; ” ;

(b) M60 in paragraph (3F) from “residential care home” to “reside in that home” substitute “ care home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital ” .

M61 2. For paragraph (c) of regulation 53 (persons treated as not engaged in remunerative work) substitute—

“ (c) a person who—

(i) is in employment;

(ii) lives in, or is temporarily absent from a care home, an Abbeyfield Home or an independent hospital; and

(iii) requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness. ” .

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

(a) in paragraph (3)(d) for “in residential accommodation or a residential care home or a nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ” ;

(b) in paragraph (5)(c) omit “provided under any of the provisions referred to in any of the sub-paragraphs (a) to (c) of the definition of residential accommodation in regulation 85”;

(c) in paragraph (9) before sub-paragraph (a) insert—

“ (za) “ accommodation ” means accommodation provided by a local authority in a home owned or managed by that local authority—

(i) under sections 21 to 24 of the National Assistance Act 1948 (provision of accommodation); or

(ii) in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential or other establishment); or

(iii) under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003(care and support services etc.);

where the accommodation is provided for a person whose stay in that accommodation has become other than temporary; ” .

4. In regulation 85 (special cases)—

(a) M62 in paragraph (3) for—

(i) “paragraphs 1 and 17” substitute “ paragraph 1 ” ;

(ii) “residential care or nursing homes” substitute “ care homes, Abbeyfield Homes or independent hospitals ” ;

(b) in paragraph (4) omit the definition of “residential accommodation”; and

(c) omit paragraphs (5) and (6).

M63 5. In paragraph (11) of regulation 105 (notional income) 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)—

(a) M64 in paragraph (1B) —

(i) for sub-paragraphs (a) and (b) substitute—

“ (a) a care home or an independent hospital;

(b) an Abbeyfield Home; ” ;

(ii) omit sub-paragraph (d);

(b) M65 in paragraph (1C) —

(i) after “home” in both places insert “ , hospital ” ;

(ii) in sub-paragraph (a) for “, (b) or (d)” substitute “ or (b) ” ;

(c) M66 omit paragraph (4) .

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 ” .

M67 8. In paragraph (4) of regulation 146A (meaning of “couple in hardship”) for “residential care or nursing home” substitute “ care home, an Abbeyfield Home or an independent hospital ” .

9. In Schedule 2 (housing costs)—

(a) for sub-paragraph (13)(c) of paragraph 3 (circumstances in which a person is to be treated as occupying a dwelling as his home) substitute—

“ (c) “ residential accommodation ” means accommodation which is a care home, an Abbeyfield Home or an independent hospital; ” ;

(b) M68 in sub-paragraph (1)(b) in paragraph 4 (housing costs not met) for “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” substitute “ living in a care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital ” .

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

(a) in paragraph 5 (specified cases of temporarily separated couples) at column (1)—

(i) in sub-paragraph (a), for heads (i) and (ii) substitute—

“ (i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or ” ;

(ii) in sub-paragraph (b), for heads (iii) and (iv) substitute—

“ (iii) residing in a care home, an Abbeyfield Home or an independent hospital. ” ;

(b) in paragraph 6 (polygamous marriages where one or more partners are temporarily separated) at column (1), for sub-paragraphs (a) and (b) substitute—

“ (a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or ” ;

M69 11. In Schedule 5A (applicable amounts of joint-claim couples in special cases) —

(a) in paragraph 4 (specified cases of temporarily separated joint-claim couples) at column (1)—

(i) in sub-paragraph (a), for heads (i) and (ii) substitute—

“ (i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or ” ;

(ii) in sub-paragraph (b), for heads (iii) and (iv) substitute—

“ (iii) residing in a care home, an Abbeyfield Home or an independent hospital. ” ;

(b) in paragraph 5 (polygamous marriages where one or more members of the marriage are temporarily separated) at column (1) for sub-paragraphs (a) and (b) substitute—

“ (a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or ” .

M70 12. In paragraph 5 of Schedule 6 (sums to be disregarded in the calculation of earnings) in sub-paragraphs (2), (3)(a)(ii) and (4)(a) omit “or in residential accommodation”.

M71 13. In paragraph 1 of Schedule 6A (sums to be disregarded in the calculation of earnings of members of joint-claim couples) in sub-paragraphs (2), (3)(a)(ii) and (4)(a) omit “or in residential accommodation”.

M72 14. In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) —

(a) in paragraph 16—

(i) in sub-paragraph (1), for “residential care home or nursing home” substitute “ care home, an Abbeyfield Home or independent hospital ” ;

(ii) in sub-paragraph (2)(a), for “residential care or nursing home” substitute “ care home, Abbeyfield Home or independent hospital ” and after “ the home” add “ or hospital ” ;

(b) in paragraph 32—

(i) in sub-paragraph (1), for “in a residential care home or nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ” and after “in that home” add “ or hospital ” ;

(ii) in sub-paragraph (2), for “residential care home or nursing home” substitute “ care home, an Abbeyfield Home or an independent hospital ” ;

(c) in paragraph 64 for “in a residential care or nursing home” substitute “ residing in a care home, an Abbeyfield Home or an independent hospital ” .

M73 15. In paragraph 57 of Schedule 8 (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 ” .

Regulation 4

SCHEDULE 3 AMENDMENT OF THE HOUSING BENEFIT (GENERAL) REGULATIONS 1987

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Regulation 5

SCHEDULE 4 AMENDMENT OF THE COUNCIL TAX BENEFIT (GENERAL) REGULATIONS 1992

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Regulation 6

SCHEDULE 5 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— “ independent hospital ” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001; ” .

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 ” .

M74 4. For paragraph (7)(d) of regulation 15 (income for purposes of the Act) substitute—

“ (d) in an independent hospital; ” .

5. In Schedule 2 (housing costs)—

(a) in paragraph 4 (circumstances in which a person is to be treated as occupying a dwelling as his home)—

(i) in sub-paragraph (7)(c)(iii), after “care home” insert “ or an independent hospital ” ;

(ii) for sub-paragraph (8) substitute—

“ (8) This sub-paragraph applies to a person who enters a care home or an independent hospital—

(a) for the purpose of ascertaining whether that care home or independent hospital suits his needs, and

(b) with the intention of returning to the dwelling which he normally occupies as his home should, in the event that, the care home or independent hospital prove not to suit his needs,

and while in the care 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. ” .

(iii) in sub-paragraph (9) for “accommodation” in both places substitute “ care home or independent hospital ” ;

(iv) in sub-paragraph (11)(c), at heads (iii), (vii) and (ix) after “care home” insert “ or an independent hospital ” ;

(b) in paragraph 5(1)(b) after “care home” insert “ or an independent hospital ” .

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 ” .

Status: There are currently no known outstanding effects for the The Social Security (Care Homes and Independent Hospitals) Regulations 2005.
The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (2005/2687)

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F1Reg. 5 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F1Reg. 5 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2Reg. 8 revoked (16.9.2024) by The Social Fund Winter Fuel Payment Regulations 2024 (S.I. 2024/869) , reg. 1(1) , Sch. 2
F3Reg. 10 revoked (5.12.2005) by The Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I. 2005/3061) , reg. 1 , Sch.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F4Sch. 3 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 1 (with regs. 2 , 3 , Sch. 3 , 4 )this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
M1Section 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) .
M21992 c. 4 .
M3Section 1C was inserted by section 19 of the Social Security Administration (Fraud) Act 1997 (c. 47) .
M4Section 5(6) was inserted by section 120 of the Housing Act 1996 (c. 52) .
M51992 c. 5 .
M6Section 20B was inserted by section 59 of the Welfare Reform and Pensions Act 1999 (c. 30) .
M7Paragraph 8A was inserted by section 59 of the Welfare Reform and Pensions Act 1999.
M81995 c. 18 .
M91996. c52.
M102000 c. 19 .
M112001 c. 11 .
M122002 c. 16 .
M13See sections 170 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5) .
M14S.I. 1987/1967 .
M15S.I. 1996/207 .
M16S.I. 2002/1792 .
M17S.I. 2001/1785 .
M18S.I. 1988/1724 .
M19Regulation 1A was inserted by S.I. 1991/2448 ; relevant amending instruments are S.I. 1996/2544 , 2002/3019 and 2003/1121.
M201947 c. 19 .
M21S.I. 1991/2890 .
M22Relevant amending instrument is S.I. 2002/208 .
M23S.I. 1991/2740 .
M24Relevant amending instrument is S.I. 2002/208 .
M25S.I. 1987/1968 .
M26Regulation 35A was inserted by S.I. 1989/1686 .
M27The definition of “hostel” was inserted by S.I. 1991/2284 and amended by S.I. 2002/398 .
M281964 c. 56 .
M291988 c53.
M30Relevant amending instruments are S.I. 1989/136 , 1992/3147, 1996/1460, 1999/3178, 2002/398 and 2003/2325.
M31S.I. 2001/1395 .
M32S.I. 2001/4022 .
M33The definition of “residential accommodation” was substituted by S.I. 1988/1445 and amended by S.I. 1989/534 and 2001/3767.
M34The definitions of “nursing home” and “ residential care home” were substituted by S.I. 2001/3767 ; relevant amending instrument is S.I. 2005/2078 .
M35Paragraph (1A) was inserted by S.I. 2001/3767 and amended by S.I. 2003/1195 .
M36Paragraph (4) was inserted by S.I. 2000/681 and sub-paragraph (d) was substituted by S.I. 2001/3767 .
M37Relevant amending instruments are S.I. 1988/663 , 1989/534 and 1996/206.
M381948 c. 29 .
M391968 c. 49 .
M402003 asp.13.
M41Relevant amending instrument is S.I. 2001/3767 .
M42The definition of “residential accommodation” was substituted by S.I. 1992/3147 ; relevant amending instruments are S.I. 1994/2139 , 1995/516 and 2005/2078.
M43Paragraph (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 .
M44Paragraph (4) was amended by S.I. 1992/3147 and 1995/516.
M45Paragraph (4A) was inserted by S.I. 1992/2155 and amended by S.I. 1992/3147 . Paragraph (4B) was inserted by S.I. 1993/518 .
M46Paragraph (4A) was inserted by S.I. 1994/527 and amended by S.I. 2003/455 .
M47Paragraph (1B) was inserted by S.I. 1996/462 and amended by S.I. 1997/65 and 1997/2197.
M48Paragraph (1C) was inserted by S.I. 1996/462 and amended by S.I. 1997/65 and 2001/3767.
M49Paragraph (4) was inserted by S.I. 1996/462 .
M50Schedule 3 was substituted by S.I. 1995/1613 .
M51Sub-paragraph 13(c) of paragraph 3 was amended by S.I. 2001/3767 .
M52Schedule 3A was inserted by S.I. 1988/1455 . Sub-paragraph (4) of paragraph 7 was amended by S.I. 1988/2022 .
M53Column 1 of paragraph 9 was amended by S.I. 1989/1678 .
M54Column 1 of paragraph 10 was amended by S.I. 1988/663 and 1991/236.
M55Paragraph 4 was substituted by S.I. 1989/534 . Sub-paragraphs (2), (3)(a)(ii) and (4)(a) were amended by S.I. 2001/3767 .
M56Paragraph 15A was inserted by S.I. 1993/518 and was amended by S.I. 1995/516 and 2005/2078.
M57Paragraph 30A was inserted by S.I. 1993/2119 and was amended by S.I. 2001/3767 .
M58Paragraph 66 was inserted by S.I. 1998/2117 ; relevant amending instrument S.I. 2000/681 .
M59Paragraph 64 was inserted by S.I. 2001/1118 .
M60Paragraph (3F) was inserted by S.I. 2001/3767 and amended by S.I. 2003/1195 .
M61Paragraph (c) was substituted by S.I. 2001/3767 .
M62Paragraph (3) was amended by S.I. 2003/455 .
M63Paragraph (11) was amended by S.I. 2003/455 .
M64Paragraph (1B) was inserted by S.I. 1996/1516 and amended by S.I. 1997/65 and 1997/2197.
M65Paragraph (1C) was inserted by S.I. 1996/1516 and amended by S.I. 2001/3767 .
M66Paragraph (4) was inserted by S.I. 1996/1516 .
M67Regulation 146A was inserted by S.I. 2000/1978 .
M68Sub-paragraph (1)(b) of paragraph 4 was amended by S.I. 2000/1978 .
M69Schedule 5A was inserted by S.I. 2000/1978 .
M70Relevant amending instrument is S.I. 2001/3767 .
M71Schedule 6A was inserted by S.I. 2000/1978 . Paragraph 1 was amended by S.I. 2000/2545 and 2001/3767.
M72Paragraph 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 .
M73Paragraph 57 was inserted by S.I. 2001/1118 .
M74Paragraph (7)(d) of regulation 15 was amended by S.I. 2005/2078 .
Defined TermSection/ArticleIDScope of Application
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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