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2002 No. 398

SOCIAL SECURITY

The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002

  Made 21st February 2002 
  Laid before Parliament 27th February 2002 
  Coming into force 8th April 2002 

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), 135(1), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992[1], sections 5(1)(p) and 189(4) of the Social Security Administration Act 1992[2], sections 4(5), 35(1) and 36(1) and (2) of the Jobseekers Act 1995[3] and sections 10(6) and 84 of the Social Security Act 1998[4] and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[5], hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2002 and shall come into force on 8th April 2002.

Amendment of the Social Security (Claims and Payments) Regulations 1987
     2.  - (1) Schedule 9 to the Social Security (Claims and Payments) Regulations 1987[6] (deductions from benefit and direct payment to third parties) shall be amended in accordance with the following paragraphs of this regulation.

    (2) In the definition of "hostel" in paragraph 1(1), for "19(3)" there shall be substituted "2(1)".

    (3) In paragraph 4 (miscellaneous accommodation costs) - 

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
     3. In Schedule 3A to the Social Security and Child Support (Decisions and Appeals) Regulations 1999[7] (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or jobseeker's allowance) - 

Amendment of the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001
     4.  - (1) The Schedule to the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001[8] shall be amended in accordance with the following paragraphs of this regulation.

    (2) In Part I - 

    (3) In Part II - 



Signed by authority of the Secretary of State for Work and Pensions.


Maria Eagle
Parliamentary Under-Secretary of State, Department for Work and Pensions

21st February 2002


EXPLANATORY NOTE

(This note is not part of the Regulations)


Regulations 2, 3 and 4(2)(c) of these Regulations respectively amend the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968), the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (S.I. 1999/991) and the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767) ("the Preserved Rights Regulations") so as to make further provision and consequential amendments in connection with the cessation, from 8th April 2002, of the payment of special amounts which are applicable to recipients of income support and jobseeker's allowance who are in residential care homes and nursing homes. Regulation 4(2)(a) and (b) and (3) makes further technical amendments to the Preserved Rights Regulations.

These Regulations do not impose a charge on business.

Notes:

 [1] 1992 c. 4; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word "prescribed".back

[2] 1992 c. 5.back

[3] 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words "prescribed" and 195 c. 18 "regulations".back

[4] 1998 c. 14; section 84 is an interpretation provision and is cited because of the meaning ascribed to the word "prescribe".back

[5] See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of "relevant enactments" in respect of which regulations must normally be referred to the Committee.back

[6] S.I. 1987/1968; the relevant amending instruments are S.I. 1991/2284, 1992/3147, 1993/2113 and 1996/1460.back

[7] S.I. 1999/991; Schedule 3A was inserted by S.I. 2000/1596.back

[8] S.I. 2001/3767.back

[9] Paragraph 19A was inserted into Schedule 7 to the Income Support (General) Regulations 1987 (S.I. 1987/1967) by S.I. 2001/488.back


ISBN 0 11 039389 9


  Prepared 27 February 2002

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