Regulation 5 Renal dialysis

–

(1)

Subject to paragraph (3), a person who suffers from renal failure and who is undergoing the treatment specified in paragraph (2) shall be deemed to satisfy the conditions–

(a)

in section 35(1)(a) of the Act (severe physical and mental disability) if he undergoes renal dialysis by day;

(b)

in section 35(1)(b) of the Act if he undergoes renal dialysis by night;

(c)

in either paragraph (a) or paragraph (b) of section 35(1) of the Act, but not both, if he undergoes 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 his case, in fact requires another person, during the period of dialysis, to attend in connection with the bodily functions of the person undergoing renal dialysis or to supervise that person in order that he avoids substantial danger to himself.

(3)

Except as provided in paragraph (4), paragraph (1) does not apply to a person undergoing the treatment specified in paragraph (2) where the treatment–

(a)

is provided under F1the NHS Act of 1978, the NHS Act of 2006 or the NHS (Wales) Act of 2006;

(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)

Paragraph (3) does not apply for the purposes of determining whether a person is to be taken to satisfy either of the conditions specified in paragraph (1) during the period of 6 months referred to in section 35(2)(b) of the 1975 Act (qualifying period for attendance allowance).

Annotations

Textual amendments

F1: Words in reg. 5(3)(a) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer€™s Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(5)

Notes on the whole SI

Textual amendments

F1: 1975 c.14. Section 35(1) was amended by section 2(1) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) (“the 1991 Act”). Subsection (2) was amended by section 2(2) of the Social Security Act 1979 (c.18) (“the 1979 Act”) and section 10 of and Schedule 4 to the 1979 Act. Subsection (2A) was inserted by section 2(3) and (6) of the 1979 Act. Subsection (4A) was inserted by paragraph 8 of Schedule 1 to the Social Security Act 1980 (c.30). Schedule 20 is cited for the meaning it ascribes to the words “prescribed” and “regulations”.
F2: See the Social Security Act 1980 (c.30), section 10 and paragraph 12(3) of Schedule 3.