Citation, commencement and interpretation1

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 19873.

Amendment of Schedule 2 to the principal Regulations2

1

Paragraph 2A of Schedule 2 to the principal Regulations (applicable amounts)4 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 provisions3

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 WiddecombeParliamentary Under-Secretary of State,Department of Social Security