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

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the cessation, from 6th October 2003, of the payment of a residential allowance to recipients of income support or income-based jobseeker’s allowance who are residing in residential care homes or nursing homes. These Regulations also provide for the cessation, from 6th October 2003, of the payment of special amounts to recipients of income support or income-based jobseeker’s allowance who are in residential accommodation as defined in regulation 21(3) of the Income Support (General) Regulations 1987 (S.I. 1987/1967) (“the Income Support Regulations”) or who are residing in accommodation provided under the Polish Resettlement Act 1947 (c. 19).

These Regulations also amend the Social Fund Cold Weather Payments (General) Regulations 1988 (S.I. 1988/1724) (“the Cold Weather Payments Regulations”) to provide that from 6th October 2003 those who are residing in residential care homes, nursing homes, residential accommodation or accommodation provided under the Polish Resettlement Act 1947 shall not be entitled to a cold weather payment under those Regulations (regulation 3).

Regulations 2 and 4 and Schedules 1 and 2 amend the Income Support Regulations and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) (“the Jobseeker’s Allowance Regulations”).

Paragraph 1 of Schedule 1 and paragraph 1 of Schedule 2 omit the definition of “residential allowance” from the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively.

Paragraph 6 of Schedule 1 and paragraph 9 of Schedule 2 omit the provisions relating to applicable amounts of residential allowance in the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively.

Paragraphs 5(b) and 8 of Schedule 1 and paragraphs 8, 11 and 12 of Schedule 2 omit provisions in the Income Support Regulations and the Jobseeker’s Allowance Regulations respectively which relate to the special amounts payable to certain people in residential accommodation.

Paragraph 8 of Schedule 1 also omits paragraphs 13A and 13B of Schedule 7 to the Income Support Regulations which provide for the amount of the special rates of benefit payable to those residing in accommodation provided under the Polish Resettlement Act 1947.

Paragraph 9(b) of Schedule 1 omits paragraph 15B of Schedule 9 to the Income Support Regulations. Paragraph 15B provides that 50 per cent. of income received from an occupational or personal pension or retirement annuity contract shall be disregarded if the claimant lives in a Polish resettlement home, he is not residing with his spouse, and at least 50 per cent. of that income is being paid to or in respect of his spouse for that spouse’s maintenance.

The remaining paragraphs of Schedules 1 and 2 make consequential amendments to the Income Support Regulations and the Jobseeker’s Allowance Regulations.

Regulations 3 and 5 consequentially amend the Cold Weather Payments Regulations and the Social Fund Winter Fuel Payments Regulations 2000 (S.I. 2000/729) respectively.

These Regulations do not impose a charge on business.