The Income Support (General) Amendment (No. 2) Regulations 1993

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Income Support (General) Amendment (No. 2) Regulations 1993 and shall come into force on 31st May 1993.

(2) In these Regulations, “the principal Regulations” means the Income Support (General) Regulations 1987(1).

Amendment of Schedule 2 to the principal Regulations

2.—(1) Paragraph 2A of Schedule 2 to the principal Regulations (applicable amounts)(2) shall be amended in accordance with the following provisions of this regulation.

(2) In sub-paragraph (2)–

(a) for the words “(3) and (4)” there shall be substituted the words “(3), (4) and (4A)”;

(b) in head (a), for the words from “and for this purpose” to “6 days” there shall be substituted the words “or is regarded pursuant to sub-paragraph (4A) as residing in such a home”.

(3) After sub-paragraph (4) there shall be inserted the following sub-paragraph–

“(4A) For the purposes of sub-paragraph (2)(a), where a person’s principal place of residence is a residential care home or nursing home, and he is temporarily absent from that home, he shall be regarded as continuing to reside in that home–

(a) where he is absent because he is a patient, for the first six weeks of any such period of absence, and for this purpose–

(i) “patient” has the meaning it has in Schedule 7 by virtue of regulation 21(3), and

(ii) periods of absence separated by not more than 28 days shall be treated as a single period of absence equal in duration to all those periods; and

(b) for the first three weeks of any other period of absence.”.

Transitional provisions

3.  Where–

(a) on 31st May 1993 a person is temporarily absent from a home, and his absence forms part of a period which on that day exceeded 6 days, and

(b) before that day paragraph 2A of Schedule 2 to the principal Regulations as in force on 30th May 1993 applied to him,

he shall be treated for the purposes of paragraph 2A of Schedule 2 to the principal Regulations, as amended by regulation 2 above, as if his first day of absence was 31st May 1993.

Signed by authority of the Secretary of State for Social Security.

Ann Widdecombe

Parliamentary Under-Secretary of State,

Department of Social Security

6th May 1993