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

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

3.—(1) The Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988(1) shall be amended in accordance with paragraph (2).

(2) In regulation 1A(1)(2) (prescribed description of persons) –

(a) for “The” there shall be substituted “Subject to paragraph (2), the”;

(b) in sub-paragraph (a)(3) “, but does not include the allowance specified in paragraph 2A of that Schedule (residential allowances)” shall be omitted;

(c) in sub-paragraph (aa)(4) “but does not include the allowance specified in paragraph 3 of that Schedule (residential allowances)” shall be omitted;

(d) in sub-paragraph (ab)(5) “and is not resident in a residential care home or nursing home” shall be omitted; and

(e) for paragraph (2)(6) there shall be substituted the following paragraph –

“(2) Paragraph (1) does not apply to a person who resides in –

(a) a nursing home within the meaning given by regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987(7);

(b) a residential care home within the meaning given by regulation 2(1) of the Income Support (General) Regulations (Northern Ireland) 1987(8), or

(c) residential accommodation within the meaning given by regulation 21(3) of the Income Support (General) Regulations (Northern Ireland) 1987(9).”.

(1)

S.R. 1988 No. 368; relevant amending regulations are S.R. 1991 No. 487, S.R. 1993 No. 413, S.R. 1996 No. 488 and S.R. 2003 No. 191

(2)

Regulation 1A was inserted by regulation 2 of S.R. 1991 No. 487 and amended by regulation 2 of S.R. 1993 No. 413, regulation 3 of S.R. 1996 No. 488 and regulation 25 of S.R.2003 No. 191

(3)

Sub-paragraph (a) was amended by regulation 2 of S.R. 1993 No. 413

(4)

Sub-paragraph (aa) was inserted by regulation 3(b) of S.R. 1996 No. 488

(5)

Sub-paragraph (ab) was inserted by regulation 25(5)(b) of S.R. 2003 No. 191

(6)

Paragraph (2) was inserted by regulation 25(6) of S.R. 2003 No. 191

(7)

The definition of “nursing home” was substituted by regulation 2(1) of, and paragraph 1 of Part I of the Schedule to, S.R. 2002 No. 132

(8)

The definition of “residential care home” was substituted by regulation 2(1) of, and paragraph 1 of Part I of the Schedule to, S.R. 2002 No. 132

(9)

The definition of “residential accommodation” was substituted by paragraph 1(4)(a) of Schedule 1 to, S.R. 1993 No. 149 and amended by paragraph 1(f) of Schedule 12 to, S.R. 1994 No. 65