Statutory Instruments
SOCIAL SECURITY
Made
17th April 1991
Laid before Parliament
25th April 1991
Coming into force
20th May 1991
The Secretary of State for Social Security, in exercise of thepowers conferred by section 22(1) and (4) and 84(1) of the SocialSecurity Act 1986(1) and section 166(1) to (3A) of the Social Security Act1975(2) and of all other powers enabling him in that behalf, andafter agreement by the Social Security Advisory Committee that proposalsto make these Regulations should not be referred to it(3)hereby makes the following Regulations:
1.-(1) These Regulations may be cited as the Income Support(General) Amendment (No. 3) Regulations 1991 and shall come into forceon 20th May 1991.
(2) In these Regulations"the General Regulations" means the Income Support (General) Regulations 1987(4)
2. In regulation 19 of the General Regulations (applicable amounts forpersons in residential care and nursing homes) after paragraph (1) thereshall be inserted the following paragraph-
"(1ZA) A person to whom paragraph (1) applies shall be treated as notbeing severely disabled.".
3. In regulation 21 of the General Regulations (special cases) afterparagraph (1) there shall be inserted the following paragraph-
"(1A) Except where the amount prescribed in Schedule 7 in respect of aperson to whom paragraph (1) applies includes an amount applicable underregulation 17(1)(d) or 18(1)(e), a person to whom paragraph (1) appliesshall be treated as not being severely disabled.".
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
17th April 1991
(This note is not part of the Regulations)
These Regulations further amend the Income Support (General)Regulations 1987 by providing for a person in a residential care ornursing home and, with certain exceptions, for a person whose applicableamount is determined under Schedule 7 to those Regulations to be treatedas not being severely disabled (regulations 2 and 3).
1986 c. 50; section 84(1) is an interpretation provision andis cited because of the meanings assigned to the words"prescribed" and"regulations".
1975 c. 14; section 166(3A) was inserted by section 62 of the SocialSecurity Act 1986 and section 166(1) to (3A) is applied by section 83(1)of that Act.
See the Social Security Act 1986, section 61(1)(b) and (10); the SocialSecurity Act 1989 (c. 24), Schedule 8, added a definition of"regulations" to section 61(10) of the Social Security Act 1986.