2005 No. 458

HOUSING; RATES; SOCIAL SECURITY

The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005

Made20th October 2005

Coming into operation14th November 2005

The Department for Social Development, in exercise of the powers conferred by sections 67(2), 72(8), 122(1)(a) and (d), 129(2) and (4), 131(1) and (2), 132(2), (3) and (4), 132A(2), (3) and (4), 133(2)(h) and (i), 134(1)(a) and (2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, sections 1(1C), 5(1)(q) and (5) and 165(4) and (5) of the Social Security Administration (Northern Ireland) Act 19922, Articles 6(5) and (12), 14(1), (2) and (4)(a), 22(4) and 22B(4) of and paragraphs 1(2)(b), 8, 8A, 10(1) and (2) and 12 of Schedule 1 to, the Jobseekers (Northern Ireland) Order 19953 and now vested in it4, sections 6(4)(c) and 7(4)(c) of the Social Security Fraud Act (Northern Ireland) 20015 and sections 2(3)(b), 6(1), 15(2) and (6)(b), 17(2)(a) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 20026 and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel7, in so far as regulation 4 and Schedule 2 are concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that Regulation should not be referred to it8, hereby makes the following Regulations:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005 and shall come into operation on 14th November 2005.

(2)

The Interpretation Act (Northern Ireland) 19549 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Social Fund (Maternity and Funeral Expenses) (General) Regulations2.

In regulation 2(1A) of the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 198710 (interpretation)—

(a)

in sub-paragraph (a) for “residential accommodation, residential care home or nursing home” there shall be substituted “residential care home, nursing home, Abbeyfield Home or independent hospital”, and

(b)

in sub-paragraph (b) and at the end of paragraph (1A) for “accommodation or home” there shall be substituted “home or hospital”.

Amendment of the Income Support (General) Regulations3.

The Income Support (General) Regulations (Northern Ireland) 198711 shall be amended in accordance with Schedule 1.

Amendment of the Housing Benefit (General) RegulationsF14.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Claims and Payments) Regulations5.

(1)

The Social Security (Claims and Payments) Regulations (Northern Ireland) 198714 shall be amended in accordance with paragraphs (2) and (3).

(2)

Regulation 34B15 (transitional provisions for persons in hostels or certain residential accommodation) shall be omitted.

(3)

In Schedule 8A16 (deductions from benefits and direct payment to third parties)—

(a)

in paragraph 1 (interpretation) for the definition of “hostel”17 there shall be substituted the following definition—

““hostel” means an establishment—
(a)
in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and self-contained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) adequate to the needs of those persons; and—
(b)
which is—
(i)
managed by or owned by a housing association registered with the Department of the Environment in accordance with Article 124 of the Housing (Northern Ireland) Order 198118;
(ii)
operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or public body, or
(iii)
managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community;
(c)
which is not—
(i)
a residential care home;
(ii)
a nursing home;
(iii)
an independent hospital, or
(iv)
an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;
(d)
in sub-paragraph (b)(iii) a “voluntary organisation” means any association carrying on any activities otherwise than for the purpose of gain by the association or by individual members thereof, but shall not include any public body;
(e)
in sub-paragraph (c)—
(i)
“independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
(ii)
“nursing home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 11 of that Order;
(iii)
“residential care home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 10 of that Order;”;

(b)

in paragraph 419 (miscellaneous accommodation costs)—

(i)

in sub-paragraph (1)20—

F2(aa)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb)

in head (b) sub-heads (i) and (ii) shall be omitted;

(ii)

in sub-paragraph (2)21 for head (a) there shall be substituted the following head—

“(a)
in a case where a beneficiary is not in accommodation as specified in regulation 15(7)(c) of the State Pension Credit Regulations, an amount equal to the award of income support, jobseeker’s allowance, or guarantee credit payable to the claimant but excluding an amount, if any, which when added to any other income of the beneficiary as determined in accordance with regulation 28 of the Income Support Regulations, regulation 93 of the Jobseeker’s Allowance Regulations or regulation 17 of the State Pension Credit Regulations will equal the amount prescribed in respect of personal expenses in sub-paragraph (2A), and”.

Amendment of the Social Fund (Cold Weather Payments) (General) RegulationsF36.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Attendance Allowance) RegulationsF47.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Disability Living Allowance) RegulationsF58.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Jobseeker’s Allowance Regulations9.

The Jobseeker’s Allowance Regulations (Northern Ireland) 199626 shall be amended in accordance with Schedule 3.

Amendment of the Social Fund Winter Fuel Payment RegulationsF610.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Social Security (Loss of Benefit) Regulations11.

(1)

The Social Security (Loss of Benefit) Regulations (Northern Ireland) 200231 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 5(4) (meaning of “person in hardship”) for “or nursing home” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital”.

(3)

In regulation 11(5) (application of Part and meaning of “couple in hardship”) for “or nursing home” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital”.

Amendment of the State Pension Credit Regulations12.

The State Pension Credit Regulations (Northern Ireland) 200332 shall be amended in accordance with Schedule 4.

Revocations13.

The regulations specified in column (1) of Schedule 5 are revoked to the extent mentioned in column (3).

Sealed with the Official Seal of the Department for Social Development on 20th October 2005.

John O'Neill

A senior officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 4 and Schedule 2 of the foregoing Regulations.

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

Jack Layberry

A senior officer of the

Department of Finance and Personnel

SCHEDULE 1AMENDMENT OF THE INCOME SUPPORT (GENERAL) REGULATIONS

Regulation 3

1.

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

after the definition of “the Registered Homes Order”33 there shall be inserted the following definition—

““Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;”;

(ii)

after the definition of “housing benefit expenditure”34 there shall be inserted the following definition—

““independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”;

(iii)

for the definition of “nursing home”35 there shall be substituted the following definition—

““nursing home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 11 of that Order;”;

(iv)

the definition of “residential accommodation”36 shall be omitted, and

(v)

for the definition of “residential care home”37 there shall be substituted the following definition—

““residential care home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 10 of that Order;”.

(b)

in paragraph (1A)38 for the words from “or a nursing home” to “reside in that home” there shall be substituted “, nursing home, Abbeyfield home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital”.

F72.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.

In regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household)—

(a)

in paragraph (3)(e)40 for “in residential accommodation, a residential care home or a nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”;

(b)

in paragraph (5)(b)41 the words from “provided under” to “in regulation 21(3)” shall be omitted;

(c)

in paragraph (8) before the definition of “an authority”42 there shall be inserted the following definition—

““accommodation” means accommodation provided or arranged by the Department of Health, Social Services and Public Safety under Article 15 or 36 of the 1972 Order in a home owned or managed by a Health and Social Services Board or an HSS trust where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;”.

4.

In regulation 17(4)(a) (applicable amounts)43 for head (iii) there shall be substituted the following head—

“(iii)
in a residential care home, nursing home, an Abbeyfield Home or an independent hospital,”.

5.

In regulation 21 (special cases)—

(a)

in paragraph (3) the definition of “residential accommodation”44 shall be omitted, and

(b)

paragraphs (3A) to (3C)45 and (4)46 to (4B)47 shall be omitted.

6.

In regulation 42 (notional income) for paragraph (4A)48 there shall be substituted the following paragraph—

“(4A)
Where the claimant resides in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital, any payment made by a person other than the claimant or a member of his family in respect of some or all of the cost of maintaining the claimant or his partner in that home or hospital shall be treated as possessed by the claimant or his partner.”.

7.

In regulation 53 (calculation of tariff income from capital)—

(a)

in paragraph (1B)49—

(i)

for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a)
a residential care home, nursing home or an independent hospital;
(b)
an Abbeyfield Home;”;

(ii)

sub-paragraph (c) shall be omitted.

(b)

in paragraph (1C)50 for “accommodation” in both places where it occurs, there shall be substituted “hospital”;

(c)

paragraph (4)51 shall be omitted.

8.

In Schedule 3 (housing costs)52—

(a)

in paragraph 3(13) (circumstances in which a person is to be treated as occupying a dwelling as his home) for head (c) there shall be substituted the following head—

“(c)
“residential accommodation” means accommodation which is a residential care home, a nursing home, an Abbeyfield Home, or an independent hospital;”;

(b)

in paragraph 4(1) (housing costs not met), in head (b) for “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” there shall be substituted “living in a residential care home, nursing home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital”.

9.

In Schedule 3A53 (protected sum), in paragraph 7 (protected persons), for sub-paragraph (4)54 there shall be substituted the following sub-paragraph—

“(4)
Paragraph 6(b) shall not apply to a protected person if—
(a)
he moves to accommodation where he—
(i)
satisfies condition (i) or (iii) of sub-paragraph (1)(b);
(ii)
is receiving both board and personal care other than in a residential care home, nursing home or an independent hospital;
(b)
he becomes a patient within the meaning of regulation 21(3);
(c)
on his ceasing to be a patient within the meaning of regulation 21(3) either—
(i)
he returns to the accommodation which he occupied immediately before he became a patient, or
(ii)
he moves to other accommodation where he—
(aa)
satisfies condition (i) or (iii) of sub-paragraph (1)(b), or
(bb)
is receiving both board and personal care other than in a residential care home, nursing home or an independent hospital, or
(d)
in a case to which sub-paragraph (6) applies, on his becoming re-entitled to income support, he is in—
(i)
the accommodation which he occupied immediately before he ceased to be entitled to income support, or
(ii)
accommodation where he—
(aa)
satisfies condition (i) or (iii) of sub-paragraph (1)(b), or
(bb)
is receiving both board and personal care other than in a residential care home, nursing home or an independent hospital.”.

10.

In Schedule 7 (applicable amounts in special cases)—

(a)

in paragraph 955 (specified cases of temporarily separated couples) at column (1)—

(i)

in sub-paragraph (a) for heads (i) and (ii) there shall be substituted the following head—

“(i)
not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or”;

(ii)

in sub-paragraph (b) for heads (iii) and (iv) there shall be substituted the following head—“or,

(iii)
residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital.”;

(b)

in paragraph 1056 (polygamous marriages where one or more partners are temporarily separated) at column (1) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph—

“(a)
not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital;”.

11.

In Schedule 8 (sums to be disregarded in the calculation of earnings), in paragraph 4(2)57, 4(3)(a)(ii) and 4(4)(a) “or in residential accommodation” shall be omitted.

12.

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

F8(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in paragraph 30A59—

(i)

in sub-paragraph (1) for “in a residential care home or nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital” and after “in that home” there shall be added “or hospital”;

(ii)

in sub-paragraph (2) for “or nursing home is provided by the Department” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital is provided by the Department of Health, Social Services and Public Safety”;

(c)

in paragraph 6260 for “in a residential care or nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”.

13.

In Schedule 10 (capital to be disregarded), in paragraph 59(5)61 for “being in residential accommodation, a residential care home or a nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”.

SCHEDULE 2AMENDMENT OF THE HOUSING BENEFIT (GENERAL) REGULATIONS

Regulation 4

F91.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional arrangements and savings for Housing Benefit

F910.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F911.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F912.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3AMENDMENT OF THE JOBSEEKER'S ALLOWANCE REGULATIONS

Regulation 9

1.

In regulation 1 (citation, commencement and interpretation)—

(a)

in paragraph (2)—

(i)

after the definition of “the 1998 Order”79 there shall be inserted the following definition—

““Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;”;

(ii)

after the definition of “the Income Support Regulations” there shall be inserted the following definition—

““independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 200380;”;

(iii)

for the definition of “nursing home” there shall be inserted the following definition—

““nursing home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 11 of that Order;”;

(iv)

the definition of “residential accommodation” shall be omitted, and

(v)

for the definition of “residential care home” there shall be inserted the following definition—

““residential care home” has the meaning it has for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 by virtue of Article 10 of that Order;”.

(b)

in paragraph (2F)81 for the words from “or a nursing home” to “reside in that home” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital”.

F102.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.

In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household)—

(a)

in paragraph (3)(d)83 for “in residential accommodation or a residential care home or a nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”;

(b)

in paragraph (5)(c) the words from “provided under” to “in regulation 85(4)” shall be omitted;

(c)

in paragraph (9) before the definition of “an authority”84 there shall be inserted the following definition—

““accommodation” means accommodation provided or arranged by the Department of Health, Social Services and Public Safety under Article 15 or 36 of the 1972 Order in a home owned or managed by a Health and Social Services Board or an HSS trust where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;”.

4.

In regulation 85 (special cases)—

F11(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in paragraph (4) the definition of “residential accommodation” shall be omitted, and

(c)

paragraphs (5)86 and (6) shall be omitted.

5.

In regulation 105 (notional income), for paragraph (11)87 there shall be substituted the following paragraph—

“(11)
Where the claimant resides in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital, any payment made by a person other than the claimant or a member of his family in respect of some or all of the cost of maintaining the claimant or his partner in that home or hospital shall be treated as possessed by the claimant or his partner.”.

6.

In regulation 116 (calculation of tariff income from capital)—

(a)

in paragraph (1B)88—

(i)

for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs—

“(a)
a residential care home, nursing home or an independent hospital;
(b)
an Abbeyfield Home.”;

(ii)

sub-paragraph (c) shall be omitted;

(b)

in paragraph (1C)89 for “accommodation” in both places where it occurs, there shall be substituted “hospital”;

(c)

paragraph (4)90 shall be omitted.

7.

In regulation 140 (meaning of “person in hardship”), in paragraph (4) for “or nursing home” there shall be substituted “, nursing home, an Abbeyfield Home or an independent hospital”.

8.

In regulation 146A91 (meaning of “couple in hardship”), in paragraph (4) for “or nursing home” there shall be substituted “home, nursing home, an Abbeyfield Home or an independent hospital”.

9.

In Schedule 2 (housing costs)—

(a)

in paragraph 3(13) (circumstances in which a person is to be treated as occupying a dwelling as his home) for head (c) there shall be substituted the following head—

“(c)
“residential accommodation” means accommodation which is a residential care home, a nursing home, an Abbeyfield Home, or an independent hospital;”;

(b)

in paragraph 4(1) (housing costs not met), in head (b)92 for “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” there shall be substituted “living in a residential care home, nursing home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital”.

10.

In Schedule 4 (applicable amounts in special cases)—

(a)

in paragraph 5 (specified cases of temporarily separated couples) at column (1)—

(i)

in sub-paragraph (a) for heads (i) and (ii) there shall be substituted the following head—

“(i)
not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or”;

(ii)

in sub-paragraph (b) for heads (iii) and (iv) there shall be substituted the following head—“or

(iii)
residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital.”;

(b)

in paragraph 6 (polygamous marriages where one or more partners are temporarily separated) at column (1) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph—

“(a)
not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital;”.

11.

In Schedule 4A93 (applicable amounts of joint-claim couples in special cases)—

(a)

in paragraph 4 (specified cases of temporarily separated joint-claim couples) at column (1)—

(i)

in sub-paragraph (a) for heads (i) and (ii) there shall be substituted the following head—

“(i)
not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital, or”;

(ii)

in sub-paragraph (b) for heads (iii) and (iv) there shall be substituted the following head—“or

(iii)
residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital.”;

(b)

in paragraph 5 (polygamous marriages where one or more members are temporarily separated) at column (1) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraph—

“(a)
not a patient but is residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital;”.

12.

In Schedule 5 (sums to be disregarded in the calculation of earnings), in paragraph 5(2)94, 5(3)(a)(ii) and 5(4)(a) “or in residential accommodation” shall be omitted.

13.

In Schedule 5A95 (sums to be disregarded in the calculation of earnings of members of joint-claim couples), in paragraph 1(2)96, 1(3)(a)(ii) and 1(4)(a) “or in residential accommodation” shall be omitted.

14.

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

F12(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in paragraph 3298—

(i)

(ii)

(c)

in paragraph 6099 for “in a residential care or nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”.

15.

In Schedule 7 (capital to be disregarded) in paragraph 52(5)100 for “being in residential accommodation, a residential care home or a nursing home” there shall be substituted “residing in a residential care home, nursing home, an Abbeyfield Home or an independent hospital”.

SCHEDULE 4AMENDMENT OF THE STATE PENSION CREDIT REGULATIONS

Regulation 12

1.

In regulation 1(2) (citation, commencement and interpretation), after the definition of “the Income Support Regulations” there shall be inserted the following definition—

““independent hospital” has the meaning assigned to it by Article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”.

2.

In regulation 5(1) (persons treated as being or not being members of the same household), in sub-paragraph (b) for “or nursing home” there shall be substituted “, nursing home or an independent hospital”.

3.

In regulation 12(c) (end of assessed income period) for “or nursing home” there shall be substituted “, nursing home or an independent hospital”.

F134.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.

In Schedule 2 (housing costs)—

(a)

in paragraph 4 (circumstances in which a person is to be treated as occupying a dwelling as his home)—

(i)

in sub-paragraph (7), in head (c)(iii) for “or nursing home” there shall be substituted “, nursing home or an independent hospital”;

(ii)

for sub-paragraph (8) there shall be substituted the following sub-paragraph—

“(8)
This sub-paragraph applies to a person who enters a residential care home, nursing home or an independent hospital—
(a)
for the purpose of ascertaining whether that residential care home, nursing home or independent hospital suits his needs, and
(b)
with the intention of returning to the dwelling which he normally occupies as his home should, in the event that, the residential care home, nursing home or independent hospital prove not to suit his needs,
and while in the residential care home, nursing home or independent hospital, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.”.

(iii)

in sub-paragraph (9) for “accommodation” in both places where it occurs, there shall be substituted “residential care home, nursing home or independent hospital”;

(iv)

in sub-paragraph (11), in head (c)(iii), (c)(vii) and (c)(ix) for “or nursing home” there shall be substituted “, nursing home or an independent hospital”;

(b)

in paragraph 5(1), in head (b) for “or nursing home” there shall be substituted “, nursing home or an independent hospital”.

6.

In Schedule 5 (capital disregarded for the purpose of calculating income), in paragraph 13(5) for “being in a residential care home or nursing home.” there shall be substituted “residing in a residential care home, nursing home or an independent hospital.”.

SCHEDULE 5REGULATIONS REVOKED

Regulation 13

Column (1)	Column (2)	Column (3)
Citation	Reference	Extent of revocation
The Social Security (Claims and Payments) (Amendment No.2) Regulations (Northern Ireland) 1989	S.R. 1989 No. 398	Regulation 5
The Social Security (Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 1991	S.R. 1991 No. 488	Regulation 6(7)(a)(ii)
The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations (Northern Ireland) 1993	S.R. 1993 No. 149	Paragraph 3 of Schedule 2
The Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001	S.R. 2001 No. 227	The whole of the Regulations
The Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002	S.R. 2002 No. 132	Regulation 3(2)
The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003	S.R. 2003 No. 191	Regulation 13

(This note is not part of the Regulations.)

These Regulations make amendments to social security legislation that are consequential upon the introduction of a new regulatory system in Northern Ireland of “residential care homes”, “nursing homes” and “independent hospitals” by the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003. This has replaced the previous system of regulation of residential care homes and nursing homes, as provided for by the Registered Homes (Northern Ireland) Order 1992. The new system also requires the registration of Health and Social Service Trust homes and small homes, which were previously unregulated.

The Regulations therefore replace references in social security legislation to terms describing these establishments, which were based on the old regulatory system, with new terms in line with the current regulatory system.

These Regulations make amendments to the following sets of regulations—

(i)

The Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 (at regulation 2);

(ii)

The Income Support (General) Regulations (Northern Ireland) 1987 (at regulation 3 and Schedule 1);

(iii)

The Housing Benefit (General) Regulations (Northern Ireland) 1987 (at regulation 4 and Schedule 2);

(iv)

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (at regulation 5);

(v)

The Social Fund (Cold Weather Payments) (General) Regulations (Northern Ireland) 1988 (at regulation 6);

(vi)

The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (at regulation 7);

(vii)

The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (at regulation 8);

(viii)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (at regulation 9 and Schedule 3);

(ix)

The Social Fund Winter Fuel Payment Regulations (Northern Ireland) 2000 (at regulation 10);

(x)

The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002 (at regulation 11).

(xi)

The State Pension Credit Regulations (Northern Ireland) 2003 (at regulation 12 and Schedule 4).

Paragraphs 10 to 12 of Schedule 2 to the Regulations make transitional provision to preserve the existing transitional protection provided to a closed category of housing benefit claimants in certain types of residential accommodation.

Regulation 13 makes consequential revocations as set out in Schedule 5. It also revokes the Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations (Northern Ireland) 2001, which, due to the amendments made by the Social Security (Amendment) (Residential Care and Nursing Homes) Regulations (Northern Ireland) 2002, are obsolete.

In so far as these Regulations are required, for the purposes of regulation 4 and Schedule 2, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.