Memorandum by the Department of Social Security
SOCIAL FUND WINTER FUEL PAYMENT (AMENDMENT) REGULATIONS
2000 (S.I. 2000/2864)
1. The Committee has asked the Department for a memorandum
on the following points.
(1) Regulation 2(a)(ii)(aa)
substitutes "resides" for "lives" in regulation
1(3) of the principal Regulations. Given that "lives"
appears twice in regulation 1(3), explain whether the substitution
is intended to apply in the first, in the second or in both places
where it appears.
2. The substitution (in regulation 2(a)(ii)(bb) not
(aa)) is intended to apply to the first place only where "lives"
appears (with reference to residential care). The Department accepts
that it would be preferable to put the position beyond doubt and
will do so when the next opportunity arises. In the meantime,
it should be clear that this was the intention when the principal
regulations and amendments are read as a whole, as it will be
seen that there is an intentional distinction between the use
of the word "lives" and "living" which are
used only in the context of living with a person, and "resides"
which is used in the context of residential care. To substitute
"resides" for "lives" in the second place
where it appears in regulation 1(3) would provide an unnecessary
definition and leave the concept of living with another person
(2) Regulation 2(a)(iii)
inserts a new regulation 1(3A) which provides that paragraph 2A(3)
of Schedule 2 to the Income Support Regulations shall apply as
if it were modified in certain ways. As that paragraph applies
only to the Income Support Regulations, explain the purpose and
effect of this provision. Explain also why a modified version
of paragraph "A(3) was not inserted into the principal Regulations
3. Paragraph 2A(3) of Schedule 2 to the Income Support
Regulations does not apply only to the Income Support Regulations.
It is applied (with necessary modifications) for the purposes
of the principal regulations by the opening words of the inserted
regulation 1(3A). These apply paragraph 2A(3) of Schedule 2 to
the Income Support Regulations which sets out circumstances when
a person is to be treated as in residential care subject to the
modifications necessary for this to work for the principal Regulations
which are set out in regulation 1(3A)(a)(i) to (iii).
4. The reason this approach was taken is that the
principal regulations already rely on the detailed provision in
the Income Support Regulations relating to nursing homes, residential
accommodation and residential care homes. With regard to residential
care, the policy requirements are now more accurately met by reference
to paragraph 2A(3) of Schedule 2 than by the existing definition
of "residential care home" in regulation 1(2). Applying
a modified version of paragraph 2A(3) seemed most consistent with
the approach of the principal Regulations.
30 November 2000