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Paragraph 27

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Any payment made to the claimant or his partner for a person (“the person concerned”), who is not normally a member of the claimant's household but is temporarily in his care, by—

(a)

a health authority;

(b)

a local authority but excluding payments of housing benefit made in respect of the person concerned;

(c)

a voluntary organisation;

(d)

the person concerned pursuant to section 26(3A) of the National Assistance Act 1948 M1; F1...

(dza)

F2the person concerned where the payment is for the provision of accommodation in respect of the meeting of that person’s needs under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support);

F3(dzb)

the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult);

F4(da)

F5an integrated care board established under section 14D of the National Health Service Act 2006;

(db)

F6NHS England; or

F7(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(f)

a Local Health Board established under section 16BA of the National Health Service Act 1977 or established by an order made under section 11 of the National Health Service (Wales) Act 2006.

Annotations

Textual amendments

F1

Word in Sch. 5 para. 27(d) omitted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 5(6)(e)(i)

F2

Sch. 5 para. 27(dza) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 24(3)(a) (with art. 4)

F3

Sch. 5 para. 27(dzb) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 11(7)(b)

F4

Sch. 5 para. 27(da)(db) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 93(3)(a)

F5

Words in Sch. 5 para. 27(da) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

F6

Words in Sch. 5 para. 27(db) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 21(2)

F7

Sch. 5 para. 27(e) omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 93(3)(b)

F8

Sch. 5 para. 27(f) inserted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 5(6)(e)(iii)

Marginal citations

M1

1948 c. 29; subsection (3A) was inserted by the National Health Service and Community Care Act 1990 (c. 19).

Notes on Schedule 5

Modifications

C1

Sch. 5 modified (22.11.2010) by The Jobseekers Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 16