Regulation 86 Applicable amounts for persons in residential care and nursing homesI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 86 coming into force by Jobseeker’s Allowance 1996 reg. 1(1)
reg. 86(5) substituted by Social Security and Child Support (Jobseeker’s Allowance) 1996 reg. 2(9)(c)
reg. 86(2) words omitted by Social Security and Child Support (Jobseeker’s Allowance) 1996 reg. 2(10)
reg. 86 omitted by Social Security (Residential Care and Nursing Homes) 2002 Sch. Pt. 2 para. 7
reg. 131(3A)(e)and word added by Social Security (Students and Income-Related Benefits Amendment) 2003 reg. 3(1)(b)

(1)

Where a person has a preserved right and either—

(a)

lives in a residential care home or nursing home, or

(b)

is a member of a family and he and the members of his family live in such a home,

his weekly applicable amount shall, except in a case to which regulation 85 (special cases) applies, be calculated in accordance with Schedule 3 (applicable amounts for persons in residential care and nursing homes).

(2)

A person has a preserved right for the purposes of this regulation if he satisfies the requirements for a preserved right under regulation 19 (circumstances in which a person is to be treated as actively seeking work) of, and Schedule 4 to, the Income Support Regulations.

(3)

In Schedule 4, “temporary absence” means—

(a)

in the case of a person who has a preserved right and to whom regulation 19(2) of the Income Support Regulations applies, 52 weeks, and

(b)

in any other case, 13 weeks.

(4)

In Schedule 4 the expressions “mental disorder”, “mental handicap”, “drug or alcohol dependence” and “disablement” have the same meanings as those expressions have for the purposes of the 1972 Order and regulations made thereunder.

(5)

Notwithstanding paragraphs (1) to (4), where—

(a)

a person has been registered under Part II of the Registered Homes Order in respect of premises which have been carried on as a residential care home or, as the case may be, registered under Part III of that Order in respect of premises which have been carried on as a nursing home, and that person has ceased to carry on such a home, and

(b)

an application for registration under that Order has been made by another person and that application has not been determined or abandoned,

the applicable amount of a person resident in those premises shall be determined under Schedule 4 as if the most recent registration under Part II or, as the case may be, Part III of the Registered Homes Order in respect of those premises continued until the day on which the application is determined or abandoned.

Annotations

Commencement

I1: Reg. 86 in operation at 7.10.1996, see reg. 1(1)