The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005 and shall come into operation for the purposes of—

(a) this regulation and regulations 2, 4, 6 and 7, on 10th April 2006;

(b) regulation 3, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th April 2006, and for the purposes of this sub-paragraph “benefit week” has the same meaning as in the Income Support (General) Regulations (Northern Ireland)1987(1);

(c) regulation 5, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th April 2006, and for the purposes of this sub-paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(2); and

(d) regulation 8—

(i) in so far as it relates to a beneficiary specified in sub-paragraph (b) or (c), on the day specified for that beneficiary, and

(ii) otherwise, on 10th April 2006.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.

Hospital in-patients entitled to an increase in benefit for a dependant

2.—(1) Paragraphs (2) and (3) apply where a beneficiary is entitled to an increase in benefit for an adult or child dependant under Part IV of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4).

(2) Where the beneficiary has received free in-patient treatment for a period of not less than 52 weeks, the increase shall not be payable unless the beneficiary applies to the Department to pay the increase on behalf of the beneficiary to—

(a) the dependant; or

(b) some other person who is approved by the Department and who satisfies the Department that he will apply the increase for the benefit of the dependant.

(3) Where both the beneficiary and the dependant are in-patients and each has received free in-patient treatment for a period of not less than 52 weeks, the increase shall not be payable unless the beneficiary applies to the Department to pay the increase on behalf of the beneficiary to—

(a) the dependant; or

(b) some other person who is approved by the Department and who satisfies the Department that he will apply the increase for the benefit of a child of the beneficiary.

(4) For the purposes of this regulation, a person shall be regarded as receiving or having received free in-patient treatment for any period for which he is or has been maintained free of charge while undergoing medical or other treatment as an in-patient—

(a) in a hospital or similar institution under the Health and Personal Social Services (Northern Ireland) Order 1972(5) or the Health and Personal Social Services (Northern Ireland) Order 1991(6); or

(b) in a hospital or similar institution maintained or administered by the Defence Council,

and such a person shall, for the purposes of sub-paragraph (a), be regarded as being maintained free of charge in such a hospital or similar institution unless his accommodation and services are provided under Article 31 of the Health and Personal Social Services (Northern Ireland) Order 1972(7) or paragraph 14 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991.

(5) For the purposes of paragraph (4), a period during which a person is regarded as receiving or having received free in-patient treatment shall be deemed to begin on and includes the day after the day on which he enters a hospital or similar institution referred to in that paragraph and to end on the day on which he leaves such a hospital or similar institution.

(6) For the purposes of this regulation—

(a) where an increase in a person’s benefit is payable in respect of an adult or child dependant the increase shall be treated as a separate benefit; and

(b) where a beneficiary’s spouse or civil partner (“dependant”) is temporarily absent from Northern Ireland for the purpose of being treated for incapacity which commenced before he left Northern Ireland the absence shall be disregarded for the purpose of determining whether the beneficiary is residing with the dependant and is entitled to an increase in benefit for him.

Amendment of the Income Support (General) Regulations

3.—(1) The Income Support (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with the paragraphs (2) to (6).

(2) In regulation 21 (special cases)—

(a) paragraph (2)(8) shall be omitted; and

(b) in paragraph (3) in the definition of “patient” for “the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975” there shall be substituted “regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005”.

(3) In paragraph 12(1) of Schedule 2 (applicable amounts)—

(a) in head (b)(ii)(bb)(9) at the beginning there shall be inserted “subject to paragraphs 2A and 2B of Schedule 7,”; and

(b) in head (d)(10) for “(1)(a), (b), (c)(ii) or (d)(ii) there shall be substituted “2A or 2B”.

(4) In paragraph 18(7)(g) of Schedule 3(11) (housing costs) for sub-heads (i) and (ii) there shall be substituted the following sub-heads—

“(i) “patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 21(3); and

(ii) in calculating a period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; or”.

(5) In Schedule 7 (applicable amounts in special cases)—

(a) paragraphs 1(12) (but not the heading before it) and 2 shall be omitted; and

(b) for paragraph 2A(13) there shall be substituted the following paragraphs—

“2A.   A claimant who is detained, or liable to be detained, under Article 53 of the Mental Health (Northern Ireland) Order 1986 (removal to hospital of persons serving sentences of imprisonment, etc.) but not if his detention continues after the date which the Secretary of State certifies would have been the earliest date on which he could have been released in respect of, or from, the prison sentence if he had not been detained in hospital.

2A.   Nil.

2B.   Subject to paragraph 2A, a single claimant who has been a patient for a continuous period of more than 52 weeks or, where the claimant is one of a couple, the other member of the couple has been a patient for a continuous period of more than 52 weeks.

2B.   The amount applicable under regulation 17(1) less any amount applicable by virtue of paragraphs 10 or 11 and 12 or paragraph 13A of Schedule 2.”.

(6) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) paragraph 38(14) shall be omitted.

Amendment of the Housing Benefit (General) Regulations

4.—(1) The Housing Benefit (General) Regulations (Northern Ireland) 1987(15) shall be amended in accordance with the paragraphs (2) and (3).

(2) In regulation 16(5)(16) (applicable amounts), as modified in respect of any person who has attained the qualifying age for state pension credit, in the definition of “patient” for “the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975” there shall be substituted “regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005”.

(3) In regulation 21A(4)(c)(17) (treatment of child care charges) for “the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975” there shall be substituted “regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005”.

Amendment of the Jobseeker’s Allowance Regulations

5.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall be amended in accordance with paragraphs (2) to (6).

(2) In regulation 85 (special cases)—

(a) paragraph (3)(18) shall be omitted; and

(b) in paragraph (4) in the definition of “patient” for “the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975” there shall be substituted “regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005.”.

(3) In regulation 86C(19) (joint-claim couples: special cases) paragraph (3) shall be omitted.

(4) In paragraph 17(7)(g) of Schedule 2(20) (housing costs) for sub-heads (i) and (ii) there shall be substituted the following sub-heads—

“(i) “patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 85(4), and

(ii) in calculating any period of 52 weeks as a patient, any 2 or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; or”.

(5) In Schedule 4 (applicable amounts in special cases)—

(a) paragraph 1(21) shall be omitted; and

(b) after that paragraph there shall be inserted the following paragraph—

“Claimant who is a patient
1A.   A claimant who has been a patient for a continuous period of more than 52 weeks.	1A.   The amount applicable under regulation 83 less any amount applicable by virtue of paragraphs 12 or 13 and 14 or paragraph 15A of Schedule 1.”.

(6) In Schedule 4A(22) (applicable amounts of joint-claim couples in special cases)—

(a) paragraph 1 (but not the heading before it) shall be omitted; and

(b) after that paragraph there shall be inserted the following paragraph—

“1A.   A claimant who has been a patient for a continuous period of more than 52 weeks.

1A.   The amount applicable under regulation 86A less any amount applicable by virtue of paragraphs 20F or 20G and 20H or paragraph 20IA of Schedule 1.”.

Amendment of the Social Fund Winter Fuel Payment Regulations

6.  In regulation 1(2) of the Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000(23) (interpretation) in the definition of “free in-patient treatment” for “regulation 2(2) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975” there shall be substituted “regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005”.

Amendment of the State Pension Credit Regulations

7.—(1) The State Pension Credit Regulations (Northern Ireland) 2003(24) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation) for the definition of “patient” there shall be substituted the following definition—

• ““patient”, except in Schedule 2, means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005;”.

(3) In regulation 15(4) (income for the purposes of the Act) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“(b) regulation 2 of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005;”.

(4) In Schedule 2 (housing costs)—

(a) in paragraph 1(2) in paragraph (b)(ii) of the definition of “disabled person” for “any provision of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975” there shall be substituted “suspension or abatement because the person becomes a patient”; and

(b) in paragraph 14(7)(e)(25) for “a patient” there shall be substituted “an in-patient residing in a hospital or similar institution”.

(5) In Schedule 3 (special groups) for paragraph 2(26) there shall be substituted the following paragraph—

“2.— (1) Sub-paragraph (2) applies in the case of a claimant who is detained, or liable to be detained, under Article 53 of the Mental Health (Northern Ireland) Order 1986 (removal to hospital of persons serving sentences of imprisonment, etc.) but not if his detention continues after the date which the Secretary of State certifies would have been the earliest date on which he could have been released in respect of, or from, the prison sentence if he had not been detained in hospital.

(2) In the case of a claimant to whom paragraph (1) applies—

(a) section 2 of the Act has effect with the substitution of a reference to a nil amount for the reference to the standard minimum guarantee in subsection (3)(a) of that section; and

(b) the maximum amount of savings credit shall be taken to be nil.”.

Revocations

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

Sealed with the Official Seal of the Department for Social Development on 16th December 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 of the foregoing Regulations.

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

L.S.

Mary McIvor

A senior officer of the

Department of Finance and Personnel