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Paragraph 6 Homes for persons in need

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

(1)

Subject to sub-paragraph (2) and paragraphs 8 to 10, where the accommodation provided for the claimant is a home for persons in need, for persons in need of personal care by virtue of—

(a)

age and infirmity, the appropriate amount shall be £130·00 per week;

(b)

past or present mental disorder but excluding mental handicap, the appropriate amount shall be £130·00 per week;

(c)

past or present drug or alcohol dependence, the appropriate amount shall be £130·00 per week;

(d)

mental handicap, the appropriate amount shall be £160·00 per week;

(e)

physical disablement, the appropriate amount shall be—

(i)

in the case of a person to whom paragraph 8 applies, £190·00 per week, or

(ii)

in any other case £130·00 per week.

(2)

Where the claimant is over pensionable age and—

(a)

he is blind; or

(b)

there is in respect of him a certificate, issued by the Attendance Allowance Board under section 35(2) of the principal Actf1, which states that he has satisfied or is likely to satisfy both the conditions mentioned in section 35(1) of the principal Act; or

(c)

he is in receipt of any payment based on need for attendance which is payable—

(i)

under section 61 of the principal Actf2, or

(ii)

by virtue of Article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983f3 or Article 14 of the Personal Injuries (Civilians) Scheme 1983f4,

the appropriate amount shall, except where sub-paragraph (1)(d) or (e)(i) applies, be £155·00 per week.

Annotations

Footnotes

f1

Section 35(2) was amended by Article 3(2) of the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)) and subsection (2A) was inserted by Article 3(3) of that Order

f2

Subsections (3) and (4) of section 61 were inserted by paragraph 6 of Schedule 3 to the Social Security (Northern Ireland) Order 1986

f3

S.I. 1983/883

f4

S.I. 1983/686