OpenLegislation

The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002

S.R. 2002/132 · Made 29 March 2002 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 25 January 2010.

SOCIAL SECURITY

Made 29th March 2002

Coming into operation 8th April 2002

The Department for Social Development, in exercise of the powers conferred on it by sections 5(1)(q) and 165(4) of the Social Security Administration (Northern Ireland) Act 1992f1, sections 67(2), 72(8), 122(1)(a), 123(1)(e), 131(1), 132(2) and (4)(a) and (b), 133(2)(d) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f2, Articles 6(5), 14(4)(a) and (b), 15(3), 23 of, and paragraph 1(2)(b) of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995f3, Article 12(1) of the Social Security (Northern Ireland) Order 1998f4, and now vested in itf5, and section 3 of the Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002f6, and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 8

f2

1992 c. 7; section 123(1)(e) was inserted by paragraph 13(5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 and section 133(2)(d) was substituted by paragraph 18(3) of Schedule 2 to that Order

f3

S.I. 1995/2705 (N. I. 15); Article 15(3) was amended by paragraph 10(3) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

f4

S.I. 1998/1506 (N.I. 10)

f5

See Article 8(b) of S.R. 1999 No. 481

f6

2002 c. 5

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to Regulations
  3. 3Amendment of the Social Security (Claims and Payments) Regulations
  4. 4Amendment of the Social Security (Attendance Allowance) Regulations
  5. 5Amendment of the Social Security (Disability Living Allowance) Regulations
  6. 6Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
  7. Signature
  8. Schedule
  9. Part I: Amendments to the Income Support (General) Regulations
  10. 1Paragraph 1
  11. 2Paragraph 2
  12. 3Paragraph 3
  13. 4Paragraph 4
  14. 5Paragraph 5
  15. 6Paragraph 6
  16. 7Paragraph 7
  17. 8Paragraph 8
  18. 9Paragraph 9
  19. 10Paragraph 10
  20. 11Paragraph 11 Repealed
  21. 12Paragraph 12
  22. 13Paragraph 13
  23. 14Paragraph 14
  24. 15Paragraph 15
  25. 16Paragraph 16
  26. 17Paragraph 17
  27. 18Paragraph 18
  28. Part II: Amendments to the Jobseeker’s Allowance Regulations
  29. 1Paragraph 1
  30. 2Paragraph 2
  31. 3Paragraph 3
  32. 4Paragraph 4
  33. 5Paragraph 5
  34. 6Paragraph 6
  35. 7Paragraph 7
  36. 8Paragraph 8
  37. 9Paragraph 9
  38. 10Paragraph 10
  39. 11Paragraph 11
  40. 12Paragraph 12
  41. 13Paragraph 13
  42. 14Paragraph 14 Repealed
  43. 15Paragraph 15 Repealed
  44. 16Paragraph 16
  45. 17Paragraph 17
  46. 18Paragraph 18
  47. 19Paragraph 19
  48. 20Paragraph 20
  49. 21Paragraph 21
  50. 22Paragraph 22
  51. 23Paragraph 23
  52. 24Paragraph 24
  53. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002 and shall come into operation on 8th April 2002.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendments to RegulationsI1

(1)

The Income Support (General) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with Part I of the Schedule to these Regulations.

(2)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f2 shall be amended in accordance with Part II of the Schedule to these Regulations.

3Amendment of the Social Security (Claims and Payments) RegulationsI1

(F11)

Schedule 8A to the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987f1 (deductions from benefits and direct payment to third parties) shall be amended in accordance with paragraphs (2) and (3).

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In paragraph 4 (miscellaneous accommodation costs)—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in sub-paragraph (1)(b)f2, “Schedule 4 (applicable amounts of persons in residential care homes and nursing homes) or” and “Schedule 3 (applicable amounts of persons in residential care and nursing homes) or” shall be omitted;

(c)

in sub-paragraph (2)—

(i)

head (a) shall be omitted;

(ii)

in head (ab)f3—

(aa)

for the words from “does not have a preserved right” to “1972” there shall be substituted “is not in residential accommodation for the purposes of the Income Support Regulations or, as the case may be, for the purposes of the Jobseeker’s Allowance Regulations,”;

(bb)

for the words from “will equal the aggregate of the amounts” to the end of the head there shall be substituted “will equal the amount prescribed in respect of personal expenses in paragraph 13(1) of Schedule 7 to the Income Support Regulations or, as the case may be, in paragraph 15(1) of Schedule 4 or paragraph 9(1) of Schedule 4A to the Jobseeker’s Allowance Regulations;”.

4Amendment of the Social Security (Attendance Allowance) RegulationsI1

(1)

The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992f1 shall be amended in accordance with paragraphs (2) to (4).

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Regulation 7Af2 (persons to whom regulations 7 and 8 apply with modifications) shall be omitted.

(4)

Schedule 2f3 (persons to whom regulations 7 and 8 apply with modifications) shall be omitted.

5Amendment of the Social Security (Disability Living Allowance) RegulationsI1

(1)

The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992f1 shall be amended in accordance with paragraphs (2) to (4).

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Regulation 9Af2 (persons to whom regulations 9 and 10 apply with modifications) shall be omitted.

(4)

Schedule 2Af3 (persons to whom regulations 9 and 10 apply with modifications) shall be omitted.

6Amendment of the Social Security and Child Support (Decisions and Appeals) RegulationsI1

In Schedule 2A to the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999f1 (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or a jobseeker’s allowance)—

(a)

after paragraph 3(a), there shall be inserted the following sub-paragraph—

“(aa)

income support is being paid from 8th April 2002 to persons who, immediately before that day, had a preserved right for the purposes of the Income Support Regulations;”;

(b)

after paragraph 8(a), there shall be inserted the following sub-paragraph—

“(aa)

jobseeker’s allowance is being paid from 8th April 2002 to persons who, immediately before that day, had a preserved right for the purposes of the Jobseeker’s Allowance Regulations;”.

Signature

Sealed with the Official Seal of the Department for Social Development on 29th March 2002.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

1I1

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

for the definitions of “nursing home” and “residential care home”f1 there shall be substituted the following definitions—

  • ““nursing home” means—

    1. (a)

      any premises registered under Part III of the Registered Homes Order; or

    2. (b)

      any premises used for the reception of such persons or the provision of such nursing or services as is mentioned in Article 16 of the Registered Homes Order and which are maintained or controlled by any body of persons constituted by a statutory provision or incorporated by Royal Charter;”;

  • “residential care home” means an establishment—

    1. (a)

      which is required to be registered under Part II of the Registered Homes Order and is so registered;

    2. (b)

      run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

    3. (c)

      which provides residential accommodation with both board and personal care and is managed or provided by a body incorporated by Royal Charter or constituted by a statutory provision (other than a Health and Social Services Board or an HSS trust); or

    4. (d)

      which is exempt from registration under Part II of the Registered Homes Order pursuant to Article 4(4)(a) of that Order (requirement of registration) because one or more of the residents are treated as relatives pursuant to Article 2(6) of that Order,

    and in paragraph (c) “personal care” means personal care for persons in need of personal care by reason of old age and infirmity, disablement, past or present dependence on alcohol or drugs or past or present mental disorder;”;

    1. (ii)

      in the definition of “residential accommodation”f2, “regulation 19 and” shall be omitted;

    2. (iii)

      the definition of “preserved right”f3 shall be omitted;

    1. (b)

      after paragraph (1) there shall be inserted the following paragraph—

      “(1A)

      For the purposes of these Regulations, where a person’s principal place of residence is a residential care home or a nursing home and he is temporarily absent from that home, he shall be regarded as continuing to reside in that home—

      (a)

      where he is absent because he is a patient, for the first 6 weeks of any such period of absence and for this purpose—

      (i)

      “patient” has the meaning it has in Schedule 7 by virtue of regulation 21(3), and

      (ii)

      periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods, and

      (b)

      for the first 3 weeks of any other period of absence.”.

2I1

In regulation 6(4)f1 (persons not treated as in remunerative work), for sub-paragraph (d) there shall be substituted the following sub-paragraph—

“(d)

a person who is in employment, who lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation and who requires personal care by reason of old age and infirmity, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.”.

3I1

In regulation 17(4)(a)(iii) (applicable amounts), for “either of the provisions referred to in sub-paragraph (a) or (b) of” there shall be substituted “the provisions referred to in”.

4I1

In regulation 18(1)f1 (polygamous marriages), for “regulations 19” there shall be substituted “regulations 21”.

5I1

Regulation 19 (persons in homes for persons in need and nursing homes) shall be omitted.

6I1

In regulation 21 (special cases)—

(a)

in paragraph (1)f1, after “Subject to” there shall be inserted “paragraph (1B),”;

(b)

after paragraph (1A)f2 there shall be inserted the following paragraph—

“(1B)

An amount shall only be applicable under paragraph 10Af3, 10Bf4, 10Cf5 or 13 of Schedule 7 (applicable amounts in special cases) where an amount was applicable to a person under any of those paragraphs on 7th April 2002 and shall only continue to be applicable to that person after that date for so long as the relevant conditions in column (1) of that Schedule continue to apply to him.”;

(c)

in paragraph (3A)f6 “within the meaning of regulation 19(2) (persons in residential care homes and nursing homes)” shall be omitted.

7I1

In regulation 22A(1)f1 (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work), sub-paragraph (b) shall be omitted.

8I1

In regulation 51(3)(a)(ii) (notional capital)f1, “or accommodation charge to the extent that it is met under regulation 19 (persons in residential care homes and nursing homes)” shall be omitted.

9I1

In regulation 66B(3)f1 (treatment of payments from access funds)—

(a)

for “, any housing costs” there shall be substituted “or any housing costs”;

(b)

“or any accommodation charges to the extent that they are met under regulation 19 (persons in homes for persons in need and nursing homes)” shall be omitted.

10I1

In regulation 68(3)f1 (income treated as capital)—

(a)

for “, any housing costs” there shall be substituted “or any housing costs”;

(b)

“or any accommodation charges to the extent that they are met under regulation 19 (persons in homes for persons in need and nursing homes)” shall be omitted.

11F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12I1

In regulation 73 (amount of income support payable)—

(a)

in paragraph (3), in “A”, “, subject to paragraph (4),” shall be omitted;

(b)

paragraphs (2), (4) and (5) shall be omitted.

13I1

In paragraph 2Af1 of Schedule 2 (applicable amounts: residential allowance)—

(a)

in sub-paragraph (1), after “shall” there shall be inserted “, subject to sub-paragraph (6),”;

(b)

in sub-paragraph (2)f2—

(i)

for “(3), (4) and (4A)” there shall be substituted “(3) and (4)”;

(ii)

in head (a), “, pursuant to sub-paragraph (4A),” shall be omitted;

(iii)

head (b) shall be omitted;

(c)

in sub-paragraph (3), for “for the purposes of regulation 19” there shall be substituted “within the meaning of regulation 2(1)”;

(d)

sub-paragraph (4A)f3 shall be omitted;

(e)

after sub-paragraph (5) there shall be added the following sub-paragraph—

“(6)

An amount shall only be applicable under this paragraph where an amount was applicable to a person under this paragraph on 7th April 2002 and shall only continue to be applicable to that person after that date for so long as he continues to satisfy the conditions specified in sub-paragraph (2).”.

14I1

Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) shall be omitted.

15I1

In Schedule 7 (applicable amounts in special cases)—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in column (1) of paragraph 3, “Subject to paragraph 16—” shall be omitted;

(c)

in column (1) of paragraph 10Af1, “sub-paragraph (a) or (b) (excluding heads (i) and (ii) of those sub-paragraphs) of” shall be omitted;

(d)

in paragraph 10B(1)f2—

(i)

in column (1), “sub-paragraph (a) or (b) (excluding heads (i) and (ii) of those sub-paragraphs) of” shall be omitted;

(ii)

in column (2), “, 19” shall be omitted;

(e)

in column (2) of paragraph 11f3, “or 19” shall be omitted from each place where it appears;

(f)

in column (2) of paragraph 11Af4, “, 19” shall be omitted from each place where it appears;

(g)

in column (2) of paragraph 12f5, “, 19” shall be omitted from each place where it appears;

(h)

in column (2) of paragraph 12Af6, “, 19” shall be omitted from each place where it appears;

(i)

paragraph 14 shall be omitted;

(j)

in column (2) of paragraph 14Af7, “19 or” shall be omitted in each place where it appears;

(k)

paragraph 16 shall be omitted;

(l)

in column (2) of paragraph 17Af8, in sub-paragraph (2), “or Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes)” shall be omitted.

16I1

In Schedule 8 (sums to be disregarded in the calculation of earnings)—

(a)

in paragraph 4(2), (3)(a)(ii) and (4)(a)f1 “or in accommodation in a residential care home or nursing home” shall be omitted;

(b)

in paragraph 15(a)f2, “, or but for his accommodation in a home for persons in need or nursing home would be,” shall be omitted.

17I1

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

(a)

in paragraph 9f1, the words from “, but, where” to the end shall be omitted;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

in paragraph 15Bf2, head (a) in sub-paragraph (1) shall be omitted;

(e)

in paragraph 30(1)(e), for “increased, where appropriate, in accordance with paragraph 2 of Schedule 4 (applicable amounts of persons in residential care homes and nursing homes) exceeds the amount determined in accordance with regulation 19 (residential care and nursing homes) or” there shall be substituted “exceeds”;

(f)

in paragraph 30Af3—

(i)

in sub-paragraph (2), “, or whose applicable amount falls to be calculated in accordance with regulation 19” shall be omitted;

(ii)

in sub-paragraph (3), for head (a) there shall be substituted the following head—

“(a)

the claimant’s applicable amount; and”;

(g)

in paragraph 67(2)f4, “or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes)” shall be omitted.

18I1

In paragraph 54(2)f1 of Schedule 10f2 (capital to be disregarded), “or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes)” shall be omitted.

1I1

In regulation 1 (interpretation)—

(a)

in paragraph (2), the definition of “preserved rights” shall be omitted;

(b)

after paragraph (2E)f1, there shall be inserted the following paragraph—

“(2F)

For the purposes of these Regulations, where a person’s principal place of residence is a residential care home or a nursing home and he is temporarily absent from that home, he shall be regarded as continuing to reside in that home—

(a)

where he is absent because he is a patient, for the first 6 weeks of any such period of absence and for this purpose—

(i)

“patient” has the meaning it has in Schedule 4 by virtue of regulation 85, and

(ii)

periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods, and

(b)

for the first 3 weeks of any other period of absence.”.

2I1

In regulation 53 (persons treated as not engaged in remunerative work), for paragraph (c) there shall be substituted the following paragraph—

“(c)

he is in employment, lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation and requires personal care by reason of old age and infirmity, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness;”.

3I1

In regulation 82f1 (income-based jobseeker’s allowance)—

(a)

in paragraph (1), for “86” there shall be substituted “85”;

(b)

in paragraph (2), for “86D” there shall be substituted “86C”.

4I1

In regulation 83 (applicable amounts), “or 86” shall be omitted.

5I1

In regulation 84(1) (polygamous marriages), for “, 85” there shall be substituted “or 85” and “or 86” and “and for those in residential care and nursing homes” shall be omitted.

6I1

In regulation 85 (special cases)—

(a)

at the beginning of paragraph (1), there shall be inserted “Subject to paragraph (2A),”;

(b)

after paragraph (2) there shall be inserted the following paragraph—

“(2A)

An amount shall only be applicable under paragraph 7, 8, 9 or 15 of Schedule 4 where an amount was applicable to a person under any of those paragraphs on 7th April 2002 and shall only continue to be applicable to that person after that date for so long as the relevant conditions in column (1) of that Schedule continue to apply to him.”.

7I1

Regulation 86 (applicable amounts for persons in residential care and nursing homes) shall be omitted.

8I1

In both regulations 86A (applicable amounts for joint-claim couples) and 86Bf1 (applicable amounts for joint-claim couples: polygamous marriages), for “, 86C (special cases)” there shall be substituted “or 86C” and “or 86D (members of joint-claim couples in residential care and nursing homes)” shall be omitted.

9I1

In regulation 86Cf1 (joint-claim couples: special cases)—

(a)

at the beginning of paragraph (1), there shall be inserted “Subject to paragraph (2A),”;

(b)

after paragraph (2), there shall be inserted the following paragraph—

“(2A)

An amount shall only be applicable under paragraph 6 or 9 of Schedule 4A where an amount was applicable to a joint-claim couple under either of those paragraphs on 7th April 2002 and shall only continue to be applicable to that couple after that date for so long as the relevant conditions in column (1) of that Schedule continue to apply to that couple.”.

10I1

Regulation 86Df1 (applicable amount for a joint-claim couple where a member is in a residential care or nursing home) shall be omitted.

11I1

In regulation 113(3)(a)(ii)f1 (notional capital)—

(a)

for “is payable,” there shall be substituted “is payable”;

(b)

“or accommodation charge to the extent that it is met under regulation 86 (persons in residential care or nursing homes)” shall be omitted.

12I1

In regulation 136A(3)f1 (treatment of payments from access funds)—

(a)

for “, any housing costs” there shall be substituted “or any housing costs”;

(b)

“or any accommodation charges to the extent that they are met under regulation 86 (applicable amounts for persons in residential care and nursing homes)” shall be omitted.

13I1

In regulation 138(3)f1 (income treated as capital)—

(a)

for “, any housing costs” there shall be substituted “or any housing costs”;

(b)

“or any accommodation charges to the extent that they are met under regulation 86 (applicable amounts for persons in residential care and nursing homes)” shall be omitted.

14F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16I1

Regulation 151 (amount of jobseeker’s allowance payable where a person is in a residential care or nursing home) shall be omitted.

17I1

In paragraph 3 of Schedule 1 (applicable amounts: residential allowance)—

(a)

in sub-paragraph (1)f1, after “shall” there shall be inserted “, subject to sub-paragraph (7),”;

(b)

in sub-paragraph (2)—

(i)

for “(3), (4) and (5)” there shall be substituted “(3) and (4)”;

(ii)

in head (a), “, pursuant to sub-paragraph (5),” shall be omitted;

(iii)

head (c) shall be omitted;

(c)

sub-paragraph (5) shall be omitted;

(d)

after sub-paragraph (6) there shall be added the following sub-paragraph—

“(7)

An amount shall only be applicable under this paragraph where an amount was applicable to a person under this paragraph on 7th April 2002 and shall only continue to be applicable to that person after that date for so long as he continues to satisfy the conditions specified in sub-paragraph (2).”.

18I1

Schedules 3 (applicable amounts of persons in residential care and nursing homes) and 3Af1 (applicable amount of a joint-claim couple where a member is in a residential care or nursing home) shall be omitted.

19I1

In Schedule 4 (applicable amounts in special cases)—

(a)

in column (2) of paragraph 8(1), for “, 85 or 86” there shall be substituted “or 85”;

(b)

in column (2) of paragraph 10f1—

(i)

“or 86” shall be omitted from each place where it appears;

(ii)

“, as the case may be,” shall be omitted from each place where it appears;

(c)

in column (2) of paragraph 11, “or 86, as the case may be,” shall be omitted from each place where it appears;

(d)

in column (2) of paragraph 13Af2—

(i)

“or 86” shall be omitted from each place where it appears;

(ii)

“as the case may be,” shall be omitted;

(e)

paragraphs 16 and 17 shall be omitted;

(f)

in column (2) of paragraph 17Af3—

(i)

in head (a)f4, “or 86 (applicable amounts for persons in residential care and nursing homes)” shall be omitted;

(ii)

in head (b), “or 86” shall be omitted.

20I1

In Schedule 4Af1 (applicable amounts of joint-claim couples in special cases)—

(a)

in column (2) of paragraph 6(1), for “, 85 or 86” there shall be substituted “or 85”;

(b)

in column (2) of paragraph 7—

(i)

in head (a), “or 86D” shall be omitted;

(ii)

in head (b), “or 86D, as the case may be,” and “or 86, as the case may be,” shall be omitted;

(c)

in column (2) of paragraph 8, for “86D, as the case may be,”, in each place where it appears, there shall be substituted “86C”;

(d)

paragraphs 10 and 11 shall be omitted.

21I1

In Schedule 5 (sums to be disregarded in the calculation of earnings)—

(a)

in paragraph 5(2), (3)(a)(ii) and (4)(a), “or in accommodation in a residential care home, nursing home” shall be omitted;

(b)

in paragraph 18(a), “, or but for his accommodation in a residential care home or nursing home would be,” shall be omitted.

22I1

In Schedule 5Af1 (sums to be disregarded in the calculation of earnings of members of joint-claim couples)—

(a)

in paragraph 1(2) and (4)(a), “or in accommodation in a residential care home or nursing home” shall be omitted;

(b)

in paragraph 3(a)(ii), “or in accommodation in a residential care home, nursing home” shall be omitted.

23I1

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 10, the words from “, but, where” to the end shall be omitted;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

paragraph 16Af1 shall be omitted;

(e)

in paragraph 31(1)(e), for “increased, where appropriate, in accordance with paragraph 2 of Schedule 3 exceeds the amount determined in accordance with regulation 86 (residential care and nursing homes) or” there shall be substituted “exceeds”;

(f)

in paragraph 32—

(i)

in sub-paragraph (2), “or whose applicable amount falls to be calculated in accordance with regulation 86 (residential care and nursing homes)” shall be omitted;

(ii)

in sub-paragraph (3), for head (a) there shall be substituted the following head—

“(a)

the claimant’s applicable amount, and”;

(g)

in paragraph 65(2)f2, “or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes)” shall be omitted.

24I1

In paragraph 49(2) of Schedule 7f1 (capital to be disregarded), “or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes)” shall be omitted.

Explanatory note

(This note is not part of the Regulations.)

Regulation 2 and the Schedule to these Regulations (except as referred to below) amend the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 so as to provide, in accordance with the Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002 (c. 5) (“the Preserved Rights Act”), that the special amounts which are applicable to those persons in residential care homes and nursing homes who have preserved rights, shall no longer be applicable from 8th April 2002. That regulation and the Schedule also make consequential amendments.

Paragraph 13 of Part I of the Schedule and paragraph 17 of Part II of the Schedule amend the rules as to when a residential allowance is applicable in income support and jobseeker’s allowance to those residing in a residential care home or a nursing home.

Regulations 3 and 6 respectively amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 and the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 so as to make further provision and consequential amendments in connection with the cessation, from 8th April 2002, of the payment of special amounts which are applicable to recipients of income support and jobseeker’s allowance who are in residential care homes and nursing homes.

Regulations 4 and 5 respectively amend the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 and the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 so as to remove the separate provision in respect of payment of attendance allowance and the care component of disability living allowance for those persons in residential care homes and nursing homes with preserved rights.

The amendments in regulations 3, 4, 5 and 6 have also been made as a consequence of the Preserved Rights Act.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.