
1 
These Regulations may be cited as the Social Security (Removal of Residential Allowance and Miscellaneous Amendments) Regulations 2003 and shall come into force on 6th October 2003.
2 
The Income Support (General) Regulations 1987 shall be amended in accordance with Schedule 1 to these Regulations.
3 

(1) The Social Fund Cold Weather Payments (General) Regulations 1988 shall be amended in accordance with this regulation.
(2) In regulation 1A (prescribed description of persons)—
(a) For “The” there shall be substituted “Subject to paragraph (3), the”;
(b) in sub-paragraph (i) the words “, but does not include the allowance specified in paragraph 2A of that Schedule (residential allowances)” shall be omitted;
(c) in sub-paragraph (ia) the words “but does not include the allowance specified in paragraph 3 of that Schedule (residential allowances)” shall be omitted; and
(d) after paragraph (2) there shall be inserted the following paragraph—“
(3) Paragraph (1) does not apply to a person who resides in—
(a) a nursing home within the meaning given by regulation 2(1) of the Income Support (General) Regulations 1987;
(b) a residential care home within the meaning given by regulation 2(1) of the Income Support (General) Regulations 1987;
(c) residential accommodation within the meaning given by regulation 21(3) of the Income Support (General) Regulations 1987; or
(d) accommodation provided under section 3(1) of, and Part II of the Schedule to, the Polish Resettlement Act 1947 (provision by the Secretary of State of accommodation in camps).”.
4 
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with Schedule 2 to these Regulations.
5 

(1) The Social Fund Winter Fuel Payments Regulations 2000 shall be amended in accordance with this regulation.
(2) In regulation 1 (citation, commencement and interpretation)—
(a) in paragraph (2), in the definition of “nursing home” for the words “regulation 19(3) of the Income Support Regulations (applicable amounts for persons in residential care and nursing homes)” there shall be substituted the words “regulation 2(1) of the Income Support Regulations (interpretation)”; and
(b) for paragraph (3A) there shall be substituted the following paragraph—“
(3A) For the purposes of paragraph (3)(a)(i) “residential care home” has the meaning given to that expression by virtue of sub-paragraphs (a), (c) and (d) of that definition in regulation 2(1) of the Income Support Regulations.”.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
17th April 2003
SCHEDULE 1
Regulation 2
1 
In paragraph (1) of regulation 2 (interpretation) the definition of “residential allowance” shall be omitted.
2 
In paragraph (1) of regulation 17 (applicable amounts) sub-paragraph (bb) shall be omitted.
3 
In paragraph (1) of regulation 18 (polygamous marriages) sub-paragraph (cc) shall be omitted.
4 
In paragraph (1B) of regulation 21 (special cases) for the words “paragraph 10A, 10B, 10C or 13” there shall be substituted “paragraph 13(2)”.
5 
In regulation 71 (applicable amounts in urgent cases)—
(a) in paragraph (1)—
(i) in sub-paragraph (a) head (vi) shall be omitted; and
(ii) sub-paragraph (c) shall be omitted; and
(b) paragraph (1A) shall be omitted.
6 
In Schedule 2 (applicable amounts) paragraph 2A shall be omitted.
7 
Schedule 3C (the Greater London area) shall be omitted.
8 
In Schedule 7 (applicable amounts in special cases)—
(a) paragraphs—
(i) 10A (single claimants temporarily in local authority accommodation);
(ii) 10B (couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation);
(iii) 10C (lone parents who are in residential accommodation temporarily);
(iv) 13(1) (persons in residential accommodation) in columns (1) and (2);
(v) 13A (polish resettlement); and
(vi) 13B (polish resettlement: persons temporarily absent from accommodation),
shall be omitted.
9 
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
(a) in paragraph 9 the words from “, but” to the end of that paragraph shall be omitted; and
(b) paragraph 15B shall be omitted.
SCHEDULE 2
Regulation 4
1 
In paragraph (3) of regulation 1 (citation, commencement and interpretation) the definition of “residential allowance” shall be omitted.
2 
In regulation 83 (applicable amounts) sub-paragraph (c) shall be omitted.
3 
In paragraph (1) of regulation 84 (polygamous marriages) sub-paragraph (d) shall be omitted.
4 
In regulation 85 (special cases) paragraph (2A) shall be omitted.
5 
In regulation 86A (applicable amounts for joint-claim couples) paragraph (b) shall be omitted.
6 
In regulation 86B (applicable amounts for joint-claim couples: polygamous marriages) paragraph (c) shall be omitted.
7 
In regulation 148 (applicable amounts in urgent cases)—
(a) in paragraph (1)—
(i) sub-paragraph (a)(v); and
(ii) sub-paragraph (c),
shall be omitted; and
(b) paragraph (1A) shall be omitted.
8 
In regulation 148A (applicable amount in urgent cases: joint-claim couples)—
(a) in paragraph (1)—
(i) sub-paragraph (a)(iv); and
(ii) sub-paragraph (c),
shall be omitted; and
(b) paragraph (1A) shall be omitted.
9 
In Schedule 1 (applicable amounts) paragraph 3 shall be omitted.
10 
Schedule 3 (the Greater London Area) shall be omitted.
11 
In Schedule 5 (applicable amounts in special cases)—
(a) in column (1) of paragraph 1 (person other than claimant who is a patient) for the words “, 15 and 17” there shall be substituted “and 15”;
(b) paragraphs—
(i) 7 (single claimants temporarily in local authority accommodation);
(ii) 8 (couples and members of polygamous marriages where one member is or all are temporarily in local authority accommodation);
(iii) 9 (lone parents who are in residential accommodation temporarily),
shall be omitted;
(c) in columns (1) and (2) of paragraph 15 (persons in residential accommodation) sub-paragraph (1) shall be omitted; and
(d) in column (2) of paragraph 17A (joint-claim couples where a claim is made other than jointly by both members) the words “or 86” in both places shall be omitted.
12 
In Schedule 5A (applicable amounts of joint-claim couples in special cases)—
(a) in column (1) of paragraph 1 (patients) for the words “Subject to paragraphs 9 and 11, a” there shall be substituted “A”; and
(b) paragraph 9 (members of joint-claim couples in residential accommodation) shall be omitted.