Explanatory note

Regulation 2 and the Schedule to these Regulations (except as referred to below) amend the Income Support (General) Regulations 1987 (S.I.1987/1967) and the Jobseeker’s Allowance Regulations 1996 (S.I.1996/207) so as to provide, in accordance with the Health and Social Care Act 2001 (c. 15), 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 14 of Part I of the Schedule and paragraph 18 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 4 respectively amend the Social Security (Attendance Allowance) Regulations 1991 (S.I.1991/2740) and the Social Security (Disability Living Allowance) Regulations 1991 (S.I.1991/2890) 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. These amendments have also been made as a consequence of the Health and Social Care Act 2001.

These Regulations do not impose a charge on business.