Paragraph 30A F1

England, Wales and Scotland

(1)

Subject to sub-paragraphs (2) and (3), in the case of a claimant F2residing in a care home, an Abbeyfield Home or an independent hospital, any payment, F3except a charitable or voluntary payment disregarded under paragraph 15 F4..., made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home F5or hospital.

(2)

This paragraph shall not apply to a claimant for whom accommodation in a F6care home, an Abbeyfield Home or an independent hospital is provided by

(F7a)

a local authority under section 26 of the National Assistance Act 1948F8.... F9or

(b)

a person other than a local authority under arrangements made with the person by a local authority in the exercise of the local authority’s functions under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support) F10or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult).

(3)

The amount to be disregarded under this paragraph shall not exceed the difference between—

(F11a)

the claimant’s applicable amount; and

(b)

the weekly charge for the accommodation.

Annotations

Textual amendments

F1: Sch. 9 para. 30A added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 23(6)
F2: Words in Sch. 9 para. 30A(1) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 12(b)(i)
F3: Words in Sch. 9 para. 30A(1) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(9)
F4: Words in Sch. 9 para. 30A omitted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 5(10)(d)
F5: Words in Sch. 9 para. 30A(1) inserted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 12(b)(i)
F6: Words in Sch. 9 para. 30A(2) substituted (24.10.2005) by The Social Security (Care Homes and Independent Hospitals) Regulations 2005 (S.I. 2005/2687), reg. 1, Sch. 1 para. 12(b)(ii)
F7: Words in Sch. 9 para. 30A(2)(a) renumbered as Sch. 9 para. 30A(2)(a) (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 5(3)(c)(i) (with art. 4)
F8: Words in Sch. 9 para. 30A(2) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 1 para. 19(f)(i)
F9: Sch. 9 para. 30A(2)(b) and word inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 5(3)(c)(ii) (with art. 4)
F10: Words in Sch. 9 para. 30A(2)(b) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 2(5)(e)
F11: Sch. 9 para. 30A(3)(a) substituted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 1 para. 19(f)(ii)

Notes on the whole SI

Textual amendments

F1: 1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.
F2: 1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.

Notes on Schedule 9

Modifications

C1: Sch. 9 applied (with modifications) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. I Table A (with reg. 13)
C2: Sch. 9 applied (with modifications) (1.10.2007) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) (Amendment No.2) Regulations 2007 (S.I. 2007/2590), regs. 1(1), 2(2))