Explanatory note

These Regulations amend the Social Security (Hospital In-Patients) Regulations 1975 in respect of specified benefits and other regulations in respect of income support, housing benefit, council tax benefit, jobseeker’s allowance, state pension credit and child support maintenance calculations.

Regulations 2(3) and (5) provide that a beneficiary’s weekly rate of specified benefits will not be adjusted after he has received 6 weeks of free in-patient treatment but only after he has received 52 weeks of such in-patient treatment. Regulations 3(5)(a), 4(2) and (3), 5(2) and (3) and 8(3) make similar provision in respect of income support, housing benefit, council tax benefit and state pension credit respectively. Provision is made in regulation 2(8) and in other regulations, in particular regulation 6(5)(a) in respect of income-based jobseeker’s allowances, for the amount of dependency benefit to be adjusted after a dependant of a beneficiary has received 52 weeks of free in-patient treatment.

Regulation 2(9) stops the downrating of specified benefits immediately a person enters hospital to receive free in-patient treatment after living in prescribed residential accommodation provided and managed by a local authority. Regulations 3(5)(b) and 6(5)(b) make similar provision in respect of income support and income-based jobseeker’s allowance.

Regulations 3(2) and (5)(c) and 6(2) specify the period as a hospital in-patient which is to be regarded as a temporary absence from a specified care home.

Regulations 3(4), 6(4), 4(4), 5(4), and 8(2) provide that, to calculate the applicable amount for the purposes of a beneficiary’s income support or income-based jobseeker’s allowance, the maximum amount of his housing benefit or council tax benefit or the housing costs element of his state pension credit respectively, no deduction will be made for a non-dependant receiving free in-patient treatment when the treatment has continued for over 52 weeks.

Regulation 7 provides for child support maintenance to be payable at a nil rate after a non-resident parent in receipt of income support or state pension credit has received 52 weeks of free in-patient treatment.

Regulations 9 and 10 remove provisions which are rendered superfluous by the previous amendments.

These Regulations do not impose a charge on business.