SCHEDULE 1TRANSITIONAL PROVISIONS

PART IINTERPRETATION

1

In this Schedule, unless the context otherwise requires—

  • “the new rules” means the provisions in these Regulations, apart from regulation 8 (transitional provisions) and this Schedule;

  • “the Administration Act” means the Social Security Administration Act 199238;

  • “disregard” (when used as a noun) means a specified weekly amount to be disregarded;

  • “the old rules” means the provisions in Part III of Schedule 1 to the Supplementary Benefits Act 197639, as it had effect immediately before amendments made by Schedule 2 to the Social Security Act 198040;

  • “protected amount” means the amount which a local authority determines that a resident shall be liable to pay for his accommodation after—

    1. a

      having assessed his ability to pay for his accommodation in accordance with the new rules and the old rules under paragraph 6(1) or (2) and having concluded in accordance with paragraph 6(3) that the old rules shall continue to apply to that resident; or

    2. b

      any further revision of that amount in accordance with paragraph 7 or 8;

  • “temporarily absent” means absent for—

    1. a

      a period spent in hospital of 52 weeks or less; or

    2. b

      any other period of 13 weeks or less.