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The Income Support (General) Amendment (No. 5) Regulations 1991

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Amendment of regulation 21 of the General Regulations

2.  In regulation 21 of the General Regulations (special cases)–

(a)in paragraph (3) in the definition of “residential accommodation” for the words “paragraph (4)” there shall be substituted the words “paragraphs (3A) and (4)”;

(b)after paragraph (3) there shall be inserted the following paragraph–

(3A) Where on or after 12th August 1991 a person is in, or only temporarily absent from, residential accommodation within the meaning of paragraph (3) and that accommodation subsequently becomes a residential care home within the meaning of regulation 19 (applicable amounts for persons in residential care and nursing homes) that person shall continue to be treated as being in residential accommodation within the meaning of paragraph (3) if, and for so long as, he remains in the same accommodation and the local authority is under a duty to provide or make arrangements for providing accommodation for that person..

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