OpenLegislation

The Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003

S.I. 2003/1121 · Made 17 April 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 17th April 2003

Laid before Parliament 25th April 2003

Coming into force 6th October 2003

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), 135(1), 137(1), 138(2) and (4) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992f1 and sections 4(5), 35(1) and 36(2) of the Jobseekers Act 1995f2 and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itf3, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 4. Section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”. Section 138(4) is cited because of the meaning ascribed to the word “prescribed”.

f2

1995 c. 18. Section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

f3

See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Income Support (General) Regulations 1987
  3. 3Amendment of the Social Fund Cold Weather Payments (General) Regulations 1988
  4. 4Amendment of the Jobseeker’s Allowance Regulations 1996
  5. 5Amendment of the Social Fund Winter Fuel Payments Regulations 2000
  6. Signature
  7. Schedule 1: AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS 1987
  8. 1Paragraph 1
  9. 2Paragraph 2
  10. 3Paragraph 3
  11. 4Paragraph 4
  12. 5Paragraph 5
  13. 6Paragraph 6
  14. 7Paragraph 7
  15. 8Paragraph 8
  16. 9Paragraph 9
  17. Schedule 2: AMENDMENT OF THE JOBSEEKER'S ALLOWANCE REGULATIONS 1996
  18. 1Paragraph 1
  19. 2Paragraph 2
  20. 3Paragraph 3
  21. 4Paragraph 4
  22. 5Paragraph 5
  23. 6Paragraph 6
  24. 7Paragraph 7
  25. 8Paragraph 8
  26. 9Paragraph 9
  27. 10Paragraph 10
  28. 11Paragraph 11
  29. 12Paragraph 12
  30. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 and shall come into force on 6th October 2003.

2Amendment of the Income Support (General) Regulations 1987

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

3Amendment of the Social Fund Cold Weather Payments (General) Regulations 1988

(1)

The Social Fund Cold Weather Payments (General) Regulations 1988f1 shall be amended in accordance with this regulation.

(2)

In regulation 1Af2 (prescribed description of persons)—

(a)

For “The” there shall be substituted “Subject to paragraph (3), the”;

(b)

in sub-paragraph (i)f3 the words “, but does not include the allowance specified in paragraph 2A of that Schedule (residential allowances)” shall be omitted;

(c)

in sub-paragraph (ia)f4 the words “but does not include the allowance specified in paragraph 3 of that Schedule (residential allowances)” shall be omitted; and

(d)

after paragraph (2)f5 there shall be inserted the following paragraph—

“(3)

Paragraph (1) does not apply to a person who resides in—

(a)

a nursing home within the meaning given by regulation 2(1)f6 of the Income Support (General) Regulations 1987;

(b)

a residential care home within the meaning given by regulation 2(1)f7 of the Income Support (General) Regulations 1987;

(c)

residential accommodation within the meaning given by regulation 21(3)f8 of the Income Support (General) Regulations 1987; or

(d)

accommodation provided under section 3(1) of, and Part II of the Schedule to, the Polish Resettlement Act 1947f9 (provision by the Secretary of State of accommodation in camps).”.

4Amendment of the Jobseeker’s Allowance Regulations 1996

The Jobseeker’s Allowance Regulations 1996f1 shall be amended in accordance with Schedule 2 to these Regulations.

5Amendment of the Social Fund Winter Fuel Payments Regulations 2000

(1)

The Social Fund Winter Fuel Payments Regulations 2000f1 shall be amended in accordance with this regulation.

(2)

In regulation 1 (citation, commencement and interpretation)—

(a)

in paragraph (2), in the definition of “nursing home” for the words “regulation 19(3) of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes)” there shall be substituted the words “regulation 2(1)f2 of the Income Support Regulations (interpretation)”; and

(b)

for paragraph (3A)f3 there shall be substituted the following paragraph—

“(3A)

For the purposes of paragraph (3)(a)(i) “residential care home” has the meaning given to that expression by virtue of sub-paragraphs (a), (c) and (d) of that definition in regulation 2(1)f4 of the Income Support Regulations.”.

Signature

Signed by authority of the Secretary of State for Work and Pensions.

Maria Eagle

Parliamentary Under-Secretary of State,

Department for Work and Pensions

17th April 2003

1

In paragraph (1) of regulation 2 (interpretation) the definition of “residential allowance”f1 shall be omitted.

2

In paragraph (1) of regulation 17 (applicable amounts) sub-paragraph (bb)f1 shall be omitted.

3

In paragraph (1) of regulation 18 (polygamous marriages) sub-paragraph (cc)f1 shall be omitted.

4

In paragraph (1B)f1 of regulation 21 (special cases) for the words “paragraph 10A, 10B, 10C or 13” there shall be substituted “paragraph 13(2)”.

5

In regulation 71 (applicable amounts in urgent cases)—

(a)

in paragraph (1)—

(i)

in sub-paragraph (a) head (vi)f1 shall be omitted; and

(ii)

sub-paragraph (c)f2 shall be omitted; and

(b)

paragraph (1A)f3 shall be omitted.

6

In Schedule 2 (applicable amounts) paragraph 2Af1 shall be omitted.

7

Schedule 3Cf1 (the Greater London area) shall be omitted.

8

In Schedule 7 (applicable amounts in special cases)—

(a)

paragraphs—

(i)

10Af1 (single claimants temporarily in local authority accommodation);

(ii)

10Bf2 (couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation);

(iii)

10Cf3 (lone parents who are in residential accommodation temporarily);

(iv)

13(1)f4 (persons in residential accommodation) in columns (1) and (2);

(v)

13Af5 (polish resettlement); and

(vi)

13Bf6 (polish resettlement: persons temporarily absent from accommodation),

shall be omitted.

9

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

(a)

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

(b)

paragraph 15Bf2 shall be omitted.

1

In paragraph (3) of regulation 1f1 (citation, commencement and interpretation) the definition of “residential allowance” shall be omitted.

2

In regulation 83f1 (applicable amounts) sub-paragraph (c) shall be omitted.

3

In paragraph (1) of regulation 84f1 (polygamous marriages) sub-paragraph (d) shall be omitted.

4

In regulation 85 (special cases) paragraph (2A)f1 shall be omitted.

5

In regulation 86Af1 (applicable amounts for joint-claim couples) paragraph (b) shall be omitted.

6

In regulation 86Bf1 (applicable amounts for joint-claim couples: polygamous marriages) paragraph (c) shall be omitted.

7

In regulation 148f1 (applicable amounts in urgent cases)—

(a)

in paragraph (1)—

(i)

sub-paragraph (a)(v); and

(ii)

sub-paragraph (c),

shall be omitted; and

(b)

paragraph (1A)f2 shall be omitted.

8

In regulation 148Af1 (applicable amount in urgent cases: joint-claim couples)—

(a)

in paragraph (1)—

(i)

sub-paragraph (a)(iv); and

(ii)

sub-paragraph (c),

shall be omitted; and

(b)

paragraph (1A)f2 shall be omitted.

9

In Schedule 1 (applicable amounts) paragraph 3f1 shall be omitted.

10

Schedule 3f1 (the Greater London Area) shall be omitted.

11

In Schedule 5 (applicable amounts in special cases)—

(a)

in column (1) of paragraph 1f1 (person other than claimant who is a patient) for the words “, 15 and 17” there shall be substituted “and 15”;

(b)

paragraphs—

(i)

7f2 (single claimants temporarily in local authority accommodation);

(ii)

8f3 (couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation);

(iii)

9f4 (lone parents who are in residential accommodation temporarily),

shall be omitted;

(c)

in columns (1) and (2) of paragraph 15f5 (persons in residential accommodation) sub-paragraph (1) shall be omitted; and

(d)

in column (2) of paragraph 17Af6 (joint-claim couples where a claim is made other than jointly by both members) the words “or 86” in both places shall be omitted.

12

In Schedule 5Af1 (applicable amounts of joint-claim couples in special cases)—

(a)

in column (1) of paragraph 1 (patients) for the words “Subject to paragraphs 9 and 11, a” there shall be substituted “A”; and

(b)

paragraph 9f2 (members of joint-claim couples in residential accommodation) shall be omitted.

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for the cessation, from 6th October 2003, of the payment of a residential allowance to recipients of income support or income-based jobseeker’s allowance who are residing in residential care homes or nursing homes. These Regulations also provide for the cessation, from 6th October 2003, of the payment of special amounts to recipients of income support or income-based jobseeker’s allowance who are in residential accommodation as defined in regulation 21(3) of the Income Support (General) Regulations 1987 (S.I. 1987/1967) (“the Income Support Regulations”) or who are residing in accommodation provided under the Polish Resettlement Act 1947 (c. 19).

These Regulations also amend the Social Fund Cold Weather Payments (General) Regulations 1988 (S.I. 1988/1724) (“the Cold Weather Payments Regulations”) to provide that from 6th October 2003 those who are residing in residential care homes, nursing homes, residential accommodation or accommodation provided under the Polish Resettlement Act 1947 shall not be entitled to a cold weather payment under those Regulations (regulation 3).

Regulations 2 and 4 and Schedules 1 and 2 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) (“the Jobseeker’s Allowance Regulations”).

Paragraph 1 of Schedule 1 and paragraph 1 of Schedule 2 omit the definition of “residential allowance” from the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively.

Paragraph 6 of Schedule 1 and paragraph 9 of Schedule 2 omit the provisions relating to applicable amounts of residential allowance in the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively.

Paragraphs 5(b) and 8 of Schedule 1 and paragraphs 8, 11 and 12 of Schedule 2 omit provisions in the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively which relate to the special amounts payable to certain people in residential accommodation.

Paragraph 8 of Schedule 1 also omits paragraphs 13A and 13B of Schedule 7 to the Income Support Regulations which provide for the amount of the special rates of benefit payable to those residing in accommodation provided under the Polish Resettlement Act 1947.

Paragraph 9(b) of Schedule 1 omits paragraph 15B of Schedule 9 to the Income Support Regulations. Paragraph 15B provides that 50 per cent. of income received from an occupational or personal pension or retirement annuity contract shall be disregarded if the claimant lives in a Polish resettlement home, he is not residing with his spouse, and at least 50 per cent. of that income is being paid to or in respect of his spouse for that spouse’s maintenance.

The remaining paragraphs of Schedules 1 and 2 make consequential amendments to the Income Support Regulations and the Jobseeker’s Allowance Regulations.

Regulations 3 and 5 consequentially amend the Cold Weather Payments Regulations and the Social Fund Winter Fuel Payments Regulations 2000 (S.I. 2000/729) respectively.

These Regulations do not impose a charge on business.