OpenLegislation

The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005

S.R. 2005/458 · Made 20 October 2005 · Extends to Northern Ireland

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 16 September 2024.

See the changes not yet applied
ProvisionChangeMade by
reg. 2revokedSocial Fund Maternity and Funeral Expenses (General) 2005 reg. 3 Sch.

HOUSING; RATES; SOCIAL SECURITY

Made 20th October 2005

Coming into operation 14th November 2005

The Department for Social Development, in exercise of the powers conferred by sections 67(2), 72(8), 122(1)(a) and (d), 129(2) and (4), 131(1) and (2), 132(2), (3) and (4), 132A(2), (3) and (4), 133(2)(h) and (i), 134(1)(a) and (2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, sections 1(1C), 5(1)(q) and (5) and 165(4) and (5) of the Social Security Administration (Northern Ireland) Act 1992f2, Articles 6(5) and (12), 14(1), (2) and (4)(a), 22(4) and 22B(4) of and paragraphs 1(2)(b), 8, 8A, 10(1) and (2) and 12 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 1995f3 and now vested in itf4, sections 6(4)(c) and 7(4)(c) of the Social Security Fraud Act (Northern Ireland) 2001f5 and sections 2(3)(b), 6(1), 15(2) and (6)(b), 17(2)(a) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 2002f6 and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnelf7, in so far as regulation 4 and Schedule 2 are concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that Regulation should not be referred to itf8, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14), section 134(1)(a) was substituted by Article 66(1) of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and section 171(1) was amended by paragraph 5 of Schedule 4 to, the Tax Credits Act 2002 (c. 21)

f2

1992 c. 8; section 1(1C) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)) and section 5(5) was inserted by Article 3 of the Housing Benefit (Payment to Third Parties) (Northern Ireland) Order 1996 (S.I. 1996/2597 (N.I. 20))

f3

S.I. 1995/2705 (N.I. 15); Article 22B was inserted by paragraph 14 of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), paragraph 8A of Schedule 1 was inserted by paragraph 16(2) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999, paragraph 10(1) of Schedule 1 was substituted by paragraph 16(5) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph 10(2) of Schedule 1 was amended by paragraph 114 of Schedule 6 to, the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and paragraph 16(6) of Schedule 7 to, the Welfare Reform and Pensions (Northern Ireland) Order 1999

f4

See Article 8(b) and Part II of Schedule 6 to, S.R. 1999 No. 481

f5

2001 c. 17 (N.I.)

f6

2002 c. 14 (N.I.)

f7

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of and Part II of Schedule 4 to, S.R. 1999 No. 481

f8

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Social Fund (Maternity and Funeral Expenses) (General) Regulations
  3. 3Amendment of the Income Support (General) Regulations
  4. 4Amendment of the Housing Benefit (General) Regulations Repealed
  5. 5Amendment of the Social Security (Claims and Payments) Regulations
  6. 6Amendment of the Social Fund (Cold Weather Payments) (General) Regulations Repealed
  7. 7Amendment of the Social Security (Attendance Allowance) Regulations Repealed
  8. 8Amendment of the Social Security (Disability Living Allowance) Regulations Repealed
  9. 9Amendment of the Jobseeker’s Allowance Regulations
  10. 10Amendment of the Social Fund Winter Fuel Payment Regulations Repealed
  11. 11Amendment of the Social Security (Loss of Benefit) Regulations
  12. 12Amendment of the State Pension Credit Regulations
  13. 13Revocations
  14. Signature
  15. Schedule 1: AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS
  16. 1Paragraph 1
  17. 2Paragraph 2 Repealed
  18. 3Paragraph 3
  19. 4Paragraph 4
  20. 5Paragraph 5
  21. 6Paragraph 6
  22. 7Paragraph 7
  23. 8Paragraph 8
  24. 9Paragraph 9
  25. 10Paragraph 10
  26. 11Paragraph 11
  27. 12Paragraph 12
  28. 13Paragraph 13
  29. Schedule 2: AMENDMENT OF THE HOUSING BENEFIT (GENERAL) REGULATIONS
  30. 1Paragraph 1 Repealed
  31. 2Paragraph 2 Repealed
  32. 3Paragraph 3 Repealed
  33. 4Paragraph 4 Repealed
  34. 5Paragraph 5 Repealed
  35. 6Paragraph 6 Repealed
  36. 7Paragraph 7 Repealed
  37. 8Paragraph 8 Repealed
  38. 9Paragraph 9 Repealed
  39. 10Transitional arrangements and savings for Housing Benefit Repealed
  40. 11Transitional arrangements and savings for Housing Benefit Repealed
  41. 12Transitional arrangements and savings for Housing Benefit Repealed
  42. Schedule 3: AMENDMENT OF THE JOBSEEKER'S ALLOWANCE REGULATIONS
  43. 1Paragraph 1
  44. 2Paragraph 2 Repealed
  45. 3Paragraph 3
  46. 4Paragraph 4
  47. 5Paragraph 5
  48. 6Paragraph 6
  49. 7Paragraph 7
  50. 8Paragraph 8
  51. 9Paragraph 9
  52. 10Paragraph 10
  53. 11Paragraph 11
  54. 12Paragraph 12
  55. 13Paragraph 13
  56. 14Paragraph 14
  57. 15Paragraph 15
  58. Schedule 4: AMENDMENT OF THE STATE PENSION CREDIT REGULATIONS
  59. 1Paragraph 1
  60. 2Paragraph 2
  61. 3Paragraph 3
  62. 4Paragraph 4 Repealed
  63. 5Paragraph 5
  64. 6Paragraph 6
  65. Schedule 5REGULATIONS REVOKED
  66. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005 and shall come into operation on 14th November 2005.

(2)

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

2Amendment of the Social Fund (Maternity and Funeral Expenses) (General) RegulationsI1

In regulation 2(1A) of the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987f1 (interpretation)—

(a)

in sub-paragraph (a) for “residential accommodation, residential care home or nursing home” there shall be substituted “residential care home, nursing home, Abbeyfield Home or independent hospital”, and

(b)

in sub-paragraph (b) and at the end of paragraph (1A) for “accommodation or home” there shall be substituted “home or hospital”.

3Amendment of the Income Support (General) RegulationsI1

The Income Support (General) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with Schedule 1.

4Amendment of the Housing Benefit (General) RegulationsF1

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

5Amendment of the Social Security (Claims and Payments) RegulationsI1

(1)

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

Regulation 34Bf2 (transitional provisions for persons in hostels or certain residential accommodation) shall be omitted.

(3)

In Schedule 8Af3 (deductions from benefits and direct payment to third parties)—

(a)

in paragraph 1 (interpretation) for the definition of “hostel”f4 there shall be substituted the following definition—

  • ““hostel” means an establishment—

    1. (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) adequate to the needs of those persons; and—

    2. (b)

      which is—

      1. (i)

        managed by or owned by a housing association registered with the Department of the Environment in accordance with Article 124 of the Housing (Northern Ireland) Order 1981f5;

      2. (ii)

        operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or public body, or

      3. (iii)

        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;

    3. (c)

      which is not—

      1. (i)

        a residential care home;

      2. (ii)

        a nursing home;

      3. (iii)

        an independent hospital, or

      4. (iv)

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

    4. (d)

      in sub-paragraph (b)(iii) a “voluntary organisation” means any association carrying on any activities otherwise than for the purpose of gain by the association or by individual members thereof, but shall not include any public body;

    5. (e)

      in sub-paragraph (c)—

      1. (i)

        “independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;

      2. (ii)

        “nursing home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 11 of that Order;

      3. (iii)

        “residential care home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 10 of that Order;”;

(b)

in paragraph 4f6 (miscellaneous accommodation costs)—

(i)

in sub-paragraph (1)f7—

F1(aa)

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

(bb)

in head (b) sub-heads (i) and (ii) shall be omitted;

(ii)

in sub-paragraph (2)f8 for head (a) there shall be substituted the following head—

“(a)

in a case where a beneficiary is not in accommodation as specified in regulation 15(7)(c) of the State Pension Credit Regulations, an amount equal to the award of income support, jobseeker’s allowance, or guarantee credit payable to the claimant but excluding an amount, if any, which when added to any other income of the beneficiary as determined in accordance with regulation 28 of the Income Support Regulations, regulation 93 of the Jobseeker’s Allowance Regulations or regulation 17 of the State Pension Credit Regulations will equal the amount prescribed in respect of personal expenses in sub-paragraph (2A), and”.

6Amendment of the Social Fund (Cold Weather Payments) (General) RegulationsF1

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

7Amendment of the Social Security (Attendance Allowance) RegulationsF1

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

8Amendment of the Social Security (Disability Living Allowance) RegulationsF1

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

9Amendment of the Jobseeker’s Allowance RegulationsI1

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 shall be amended in accordance with Schedule 3.

10Amendment of the Social Fund Winter Fuel Payment RegulationsF1

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

11Amendment of the Social Security (Loss of Benefit) RegulationsI1

(1)

The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 5(4) (meaning of “person in hardship”) for “or nursing home” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital”.

(3)

In regulation 11(5) (application of Part and meaning of “couple in hardship”) for “or nursing home” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital”.

12Amendment of the State Pension Credit RegulationsI1

The State Pension Credit Regulations (Northern Ireland) 2003f1 shall be amended in accordance with Schedule 4.

13RevocationsI1

The regulations specified in column (1) of Schedule 5 are revoked to the extent mentioned in column (3).

Signature

Sealed with the Official Seal of the Department for Social Development on 20th October 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 4 and Schedule 2 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 20th October 2005.

L.S.

Jack Layberry

A senior officer of the

Department of Finance and Personnel

1I1

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

after the definition of “the Registered Homes Order”f1 there shall be inserted the following definition—

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

(ii)

after the definition of “housing benefit expenditure”f2 there shall be inserted the following definition—

  • ““independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”;

(iii)

for the definition of “nursing home”f3 there shall be substituted the following definition—

  • ““nursing home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 11 of that Order;”;

(iv)

the definition of “residential accommodation”f4 shall be omitted, and

(v)

for the definition of “residential care home”f5 there shall be substituted the following definition—

  • ““residential care home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 10 of that Order;”.

(b)

in paragraph (1A)f6 for the words from “or a nursing home” to “reside in that home” there shall be substituted “, nursing home, 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”.

2F1

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

3I1

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)f1 for “in residential accommodation, a residential care home or a nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”;

(b)

in paragraph (5)(b)f2 the words from “provided under” to “in regulation 21(3)” shall be omitted;

(c)

in paragraph (8) before the definition of “an authority”f3 there shall be inserted the following definition—

  • ““accommodation” means accommodation provided or arranged by the Department of Health, Social Services and Public Safety under Article 15 or 36 of the 1972 Order in a home owned or managed by a Health and Social Services Board or an HSS trust where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;”.

4I1

In regulation 17(4)(a) (applicable amounts)f1 for head (iii) there shall be substituted the following head—

“(iii)

in a residential care home, nursing home, an Abbeyfield Home or an independent hospital,”.

5I1

In regulation 21 (special cases)—

(a)

in paragraph (3) the definition of “residential accommodation”f1 shall be omitted, and

(b)

paragraphs (3A) to (3C)f2 and (4)f3 to (4B)f4 shall be omitted.

6I1

In regulation 42 (notional income) for paragraph (4A)f1 there shall be substituted the following paragraph—

“(4A)

Where the claimant resides in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital, any payment made by a person other than the claimant or a member of his family in respect of some or all of the cost of maintaining the claimant or his partner in that home or hospital shall be treated as possessed by the claimant or his partner.”.

7I1

In regulation 53 (calculation of tariff income from capital)—

(a)

in paragraph (1B)f1—

(i)

for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a)

a residential care home, nursing home or an independent hospital;

(b)

an Abbeyfield Home;”;

(ii)

sub-paragraph (c) shall be omitted.

(b)

in paragraph (1C)f2 for “accommodation” in both places where it occurs, there shall be substituted “hospital”;

(c)

paragraph (4)f3 shall be omitted.

8I1

In Schedule 3 (housing costs)f1—

(a)

in paragraph 3(13) (circumstances in which a person is to be treated as occupying a dwelling as his home) for head (c) there shall be substituted the following head—

“(c)

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

(b)

in paragraph 4(1) (housing costs not met), in head (b) for “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” there shall be substituted “living in a residential care home, nursing home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital”.

9I1

In Schedule 3Af1 (protected sum), in paragraph 7 (protected persons), for sub-paragraph (4)f2 there shall be substituted the following sub-paragraph—

“(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 residential care home, nursing 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 residential care home, nursing 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 residential care home, nursing home or an independent hospital.”.

10I1

In Schedule 7 (applicable amounts in special cases)—

(a)

in paragraph 9f1 (specified cases of temporarily separated couples) at column (1)—

(i)

in sub-paragraph (a) for heads (i) and (ii) there shall be substituted the following head—

“(i)

not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or”;

(ii)

in sub-paragraph (b) for heads (iii) and (iv) there shall be substituted the following head—

“or,

(iii)

residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital.”;

(b)

in paragraph 10f2 (polygamous marriages where one or more partners are temporarily separated) at column (1) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph—

“(a)

not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital;”.

11I1

In Schedule 8 (sums to be disregarded in the calculation of earnings), in paragraph 4(2)f1, 4(3)(a)(ii) and 4(4)(a) “or in residential accommodation” shall be omitted.

12I1

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

F1(a)

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

(b)

in paragraph 30Af1—

(i)

in sub-paragraph (1) for “in a residential care home or nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital” and after “in that home” there shall be added “or hospital”;

(ii)

in sub-paragraph (2) for “or nursing home is provided by the Department” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital is provided by the Department of Health, Social Services and Public Safety”;

(c)

in paragraph 62f2 for “in a residential care or nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”.

13I1

In Schedule 10 (capital to be disregarded), in paragraph 59(5)f1 for “being in residential accommodation, a residential care home or a nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”.

1F1

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

2F1

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

3F1

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

4F1

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

5F1

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

6F1

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

7F1

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

8F1

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

9F1

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

10Transitional arrangements and savings for Housing BenefitF1

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

11Transitional arrangements and savings for Housing BenefitF1

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

12Transitional arrangements and savings for Housing BenefitF1

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

1I1

In regulation 1 (citation, commencement and interpretation)—

(a)

in paragraph (2)—

(i)

after the definition of “the 1998 Order”f1 there shall be inserted the following definition—

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

(ii)

after the definition of “the Income Support Regulations” there shall be inserted the following definition—

  • ““independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003f2;”;

(iii)

for the definition of “nursing home” there shall be inserted the following definition—

  • ““nursing home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 11 of that Order;”;

(iv)

the definition of “residential accommodation” shall be omitted, and

(v)

for the definition of “residential care home” there shall be inserted the following definition—

  • ““residential care home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 10 of that Order;”.

(b)

in paragraph (2F)f3 for the words from “or a nursing home” to “reside in that home” there shall be substituted “, nursing 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”.

2F1

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

3I1

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)f1 for “in residential accommodation or a residential care home or a nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”;

(b)

in paragraph (5)(c) the words from “provided under” to “in regulation 85(4)” shall be omitted;

(c)

in paragraph (9) before the definition of “an authority”f2 there shall be inserted the following definition—

  • ““accommodation” means accommodation provided or arranged by the Department of Health, Social Services and Public Safety under Article 15 or 36 of the 1972 Order in a home owned or managed by a Health and Social Services Board or an HSS trust where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;”.

4I1

In regulation 85 (special cases)—

F1(a)

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

(b)

in paragraph (4) the definition of “residential accommodation” shall be omitted, and

(c)

paragraphs (5)f1 and (6) shall be omitted.

5I1

In regulation 105 (notional income), for paragraph (11)f1 there shall be substituted the following paragraph—

“(11)

Where the claimant resides in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital, any payment made by a person other than the claimant or a member of his family in respect of some or all of the cost of maintaining the claimant or his partner in that home or hospital shall be treated as possessed by the claimant or his partner.”.

6I1

In regulation 116 (calculation of tariff income from capital)—

(a)

in paragraph (1B)f1—

(i)

for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a)

a residential care home, nursing home or an independent hospital;

(b)

an Abbeyfield Home.”;

(ii)

sub-paragraph (c) shall be omitted;

(b)

in paragraph (1C)f2 for “accommodation” in both places where it occurs, there shall be substituted “hospital”;

(c)

paragraph (4)f3 shall be omitted.

7I1

In regulation 140 (meaning of “person in hardship”), in paragraph (4) for “or nursing home” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital”.

8I1

In regulation 146Af1 (meaning of “couple in hardship”), in paragraph (4) for “or nursing home” there shall be substituted “home, nursing home, an Abbeyfield Home or an independent hospital”.

9I1

In Schedule 2 (housing costs)—

(a)

in paragraph 3(13) (circumstances in which a person is to be treated as occupying a dwelling as his home) for head (c) there shall be substituted the following head—

“(c)

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

(b)

in paragraph 4(1) (housing costs not met), in head (b)f1 for “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” there shall be substituted “living in a residential care home, nursing home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital”.

10I1

In Schedule 4 (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) there shall be substituted the following head—

“(i)

not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or”;

(ii)

in sub-paragraph (b) for heads (iii) and (iv) there shall be substituted the following head—

“or

(iii)

residing in a residential care home, nursing 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) there shall be substituted the following sub-paragraph—

“(a)

not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital;”.

11I1

In Schedule 4Af1 (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) there shall be substituted the following head—

“(i)

not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or”;

(ii)

in sub-paragraph (b) for heads (iii) and (iv) there shall be substituted the following head—

“or

(iii)

residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital.”;

(b)

in paragraph 5 (polygamous marriages where one or more members are temporarily separated) at column (1) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph—

“(a)

not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital;”.

12I1

In Schedule 5 (sums to be disregarded in the calculation of earnings), in paragraph 5(2)f1, 5(3)(a)(ii) and 5(4)(a) “or in residential accommodation” shall be omitted.

13I1

In Schedule 5Af1 (sums to be disregarded in the calculation of earnings of members of joint-claim couples), in paragraph 1(2)f2, 1(3)(a)(ii) and 1(4)(a) “or in residential accommodation” shall be omitted.

14I1

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

F1(a)

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

(b)

in paragraph 32f1—

(i)

in sub-paragraph (1) for “in a residential care home or nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital” and after “in that home” there shall be added “or hospital”;

(ii)

in sub-paragraph (2) for “or nursing home is provided by the Department” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital is provided by the Department of Health, Social Services and Public Safety”;

(c)

in paragraph 60f2 for “in a residential care or nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”.

15I1

In Schedule 7 (capital to be disregarded) in paragraph 52(5)f1 for “being in residential accommodation, a residential care home or a nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”.

1I1

In regulation 1(2) (citation, commencement and interpretation), after the definition of “the Income Support Regulations” there shall be inserted the following definition—

  • ““independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”.

2I1

In regulation 5(1) (persons treated as being or not being members of the same household), in sub-paragraph (b) for “or nursing home” there shall be substituted “, nursing home or an independent hospital”.

3I1

In regulation 12(c) (end of assessed income period) for “or nursing home” there shall be substituted “, nursing home or an independent hospital”.

4F1

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

5I1

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), in head (c)(iii) for “or nursing home” there shall be substituted “, nursing home or an independent hospital”;

(ii)

for sub-paragraph (8) there shall be substituted the following sub-paragraph—

“(8)

This sub-paragraph applies to a person who enters a residential care home, nursing home or an independent hospital—

(a)

for the purpose of ascertaining whether that residential care home, nursing 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 residential care home, nursing home or independent hospital prove not to suit his needs,

and while in the residential care home, nursing 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 where it occurs, there shall be substituted “residential care home, nursing home or independent hospital”;

(iv)

in sub-paragraph (11), in head (c)(iii), (c)(vii) and (c)(ix) for “or nursing home” there shall be substituted “, nursing home or an independent hospital”;

(b)

in paragraph 5(1), in head (b) for “or nursing home” there shall be substituted “, nursing home or an independent hospital”.

6I1

In Schedule 5 (capital disregarded for the purpose of calculating income), in paragraph 13(5) for “being in a residential care home or nursing home.” there shall be substituted “residing in a residential care home, nursing home or an independent hospital.”.

Schedule 5REGULATIONS REVOKEDI1

Column (1)Column (2)Column (3)
CitationReferenceExtent of revocation
The Social Security (Claims and Payments) (Amendment No.2) Regulations (Northern Ireland) 1989S.R. 1989 No. 398Regulation 5
The Social Security (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 1991S.R. 1991 No. 488Regulation 6(7)(a)(ii)
The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations (Northern Ireland) 1993S.R. 1993 No. 149Paragraph 3 of Schedule 2
The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001S.R. 2001 No. 227The whole of the Regulations
The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002S.R. 2002 No. 132Regulation 3(2)
The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003S.R. 2003 No. 191Regulation 13

Explanatory note

(This note is not part of the Regulations.)

These Regulations make amendments to social security legislation that are consequential upon the introduction of a new regulatory system in Northern Ireland of “residential care homes”, “nursing homes” and “independent hospitals” by the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003. This has replaced the previous system of regulation of residential care homes and nursing homes, as provided for by the Registered Homes (Northern Ireland) Order 1992. The new system also requires the registration of Health and Social Service Trust homes and small homes, which were previously unregulated.

The Regulations therefore replace references in social security legislation to terms describing these establishments, which were based on the old regulatory system, with new terms in line with the current regulatory system.

These Regulations make amendments to the following sets of regulations—

(i)

The Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 (at regulation 2);

(ii)

The Income Support (General) Regulations (Northern Ireland) 1987 (at regulation 3 and Schedule 1);

(iii)

The Housing Benefit (General) Regulations (Northern Ireland) 1987 (at regulation 4 and Schedule 2);

(iv)

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (at regulation 5);

(v)

The Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988 (at regulation 6);

(vi)

The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (at regulation 7);

(vii)

The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (at regulation 8);

(viii)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (at regulation 9 and Schedule 3);

(ix)

The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000 (at regulation 10);

(x)

The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002 (at regulation 11).

(xi)

The State Pension Credit Regulations (Northern Ireland) 2003 (at regulation 12 and Schedule 4).

Paragraphs 10 to 12 of Schedule 2 to the Regulations make transitional provision to preserve the existing transitional protection provided to a closed category of housing benefit claimants in certain types of residential accommodation.

Regulation 13 makes consequential revocations as set out in Schedule 5. It also revokes the Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001, which, due to the amendments made by the Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002, are obsolete.

In so far as these Regulations are required, for the purposes of regulation 4 and Schedule 2, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they 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 1992 Act, 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.