HOUSING; RATES; SOCIAL SECURITY Citation, commencement and interpretation 1 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) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Amendment of the Social Fund (Maternity and Funeral Expenses) (General) Regulations 2 In regulation 2(1A) of the Social Fund (Maternity and Funeral Expenses) (General) Regulations (Northern Ireland) 1987 (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) Regulations 3 The Income Support (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with Schedule 1. Amendment of the Housing Benefit (General) Regulations 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Social Security (Claims and Payments) Regulations 5 1 The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) and (3). 2 Regulation 34B (transitional provisions for persons in hostels or certain residential accommodation) shall be omitted. 3 In Schedule 8A (deductions from benefits and direct payment to third parties)— a in paragraph 1 (interpretation) for the definition of “hostel” there shall be substituted the following definition— “hostel” means an establishment— 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— which is— 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 1981 ; 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 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; which is not— a residential care home; a nursing home; an independent hospital, or an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; 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; in sub-paragraph (c)— “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; “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; “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 4 (miscellaneous accommodation costs)— i in sub-paragraph (1) — aa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bb in head (b) sub-heads (i) and (ii) shall be omitted; ii in sub-paragraph (2) 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) Regulations 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Social Security (Attendance Allowance) Regulations 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Social Security (Disability Living Allowance) Regulations 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Jobseeker’s Allowance Regulations 9 The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 shall be amended in accordance with Schedule 3. Amendment of the Social Fund Winter Fuel Payment Regulations 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Social Security (Loss of Benefit) Regulations 11 1 The Social Security (Loss of Benefit) Regulations (Northern Ireland) 2002 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 Regulations 12 The State Pension Credit Regulations (Northern Ireland) 2003 shall be amended in accordance with Schedule 4. Revocations 13 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