Regulation 7 Entitlement to Pension Age Disability Payment when undergoing renal dialysis

(1)

Except as provided in paragraph (3), an individual suffering from renal failure who is undergoing the treatment specified in paragraph (2) is treated as meeting the condition—

(a)

in paragraph (2) of regulation 5 where they undergo renal dialysis by day,

(b)

in paragraph (3) of regulation 5 where they undergo renal dialysis by night, or

(c)

in either paragraph (2) or paragraph (3) of regulation 5, but not both, if they undergo renal dialysis by day and by night.

(2)

The treatment referred to in paragraph (1) is the undergoing of renal dialysis—

(a)

two or more times a week, and

(b)

which either—

(i)

is of a type which normally requires the attendance of or supervision by another person during the period of dialysis, or

(ii)

which, because of the particular circumstances of their case, in fact requires another person, during the period of dialysis, to attend in connection with the bodily functions of the individual undergoing renal dialysis or to supervise that individual in order that they avoid substantial danger to themselves.

(3)

Paragraph (1) does not apply to an individual undergoing the treatment specified in paragraph (2) where the treatment—

(a)

is provided under the National Health Service (Scotland) Act 1978^f1, the National Health Service Act 2006^f2, the National Health Service (Wales) Act 2006^f3 or the Health and Personal Social Services (Northern Ireland) Order 1972^f4,

(b)

is in a hospital or similar institution,

(c)

is out-patient treatment, and

(d)

takes place with the assistance or supervision of any member of staff of the hospital or similar institution.

(4)

In this regulation a “hospital or similar institution” means—

(a)

a health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978^f5) in Scotland,

(b)

a health service hospital (within the meaning of section 275(1) of the National Health Service Act 2006^f6) in England,

(c)

a hospital in Wales vested in—

(i)

an NHS trust,

(ii)

a Local Health Board, or

(iii)

the Welsh Ministers,

(d)

a hospital (within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972^f7 or the Health and Personal Social Services (Northern Ireland) Order 1991^f8) in Northern Ireland.

(5)

For the purposes of determining whether an individual is to treated as meeting one of the conditions specified in paragraph (1), any period of time where paragraph (3) applies to the individual can be included for the purposes of calculating the period of 26 weeks required by regulation 5(6).

Annotations

Footnotes

f1: 1978 c. 29.
f2: 2006 c. 41.
f3: 2006 c. 42.
f4: S.I. 1972/1265.
f5: 1978 c. 29. Section 108(1) was relevantly amended by paragraph 6(a) of schedule 6 of the Health Services Act 1980 (c. 53) and section 66(1) and paragraph 19(22)(b) of schedule 9 of the National Health Service and Community Care Act 1990 (c. 19).
f6: 2006 c. 41. Section 275 was relevantly amended by paragraph 138(2)(b) of schedule 4(12) of the Health and Social Care Act 2012 (c. 7).
f7: Article 2 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14) contains a definition of “hospital”.
f8: S.I. 1991/194.