Regulation 6 Hospitalisation

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F1(1)

Subject to regulation 8, it shall be a condition for the receipt of an attendance allowance for any period in respect of any person that during that period he is not maintained free of charge while undergoing medical or other treatment as an in-patient—

(a)

in a hospital or similar institution under F2 the NHS Act of 1978, the NHS Act of 2006 or the NHS (Wales) Act of 2006 ; or

(b)

in a hospital or similar institution maintained or administered by the Defence Council.

(2)

For the purposes of F3paragraph (1)(a), a person shall only be regarded as not being maintained free of charge in a hospital or similar institution for any period where his accommodation and services are provided under

F4(a)

section 57 of, and paragraph 14 of Schedule 7A to, the NHS Act of 1978;

(b)

section 13 of, and paragraph 15 of Schedule 2 to, the NHS Act of 2006;

(c)

section 28 of, and paragraph 11 of Schedule 6 to, the NHS Act of 2006;

(d)

section 44(6) of, and paragraph 19(1) of Schedule 4 to, the NHS Act of 2006;

(e)

section 11 of, and paragraph 15 of Schedule 2 to, the NHS (Wales) Act of 2006;

(f)

section 18 of, and paragraph 19(1) of Schedule 3 to, the NHS (Wales) Act of 2006; or

(g)

section 22 of, and paragraph 11 of Schedule 5 to, the NHS (Wales) Act of 2006.

F5(2A)

For the purposes of paragraph (1), a period during which a person is maintained free of charge while undergoing medical or other treatment as an in-patient shall be deemed to begin on the day after the day on which he enters a hospital or similar institution referred to in that paragraph and to end on the day F6before the day on which he leaves such a hospital or similar institution.

F7(3)

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

Annotations

Textual amendments

F1: Reg. 6(1) substituted (15.12.1992) by The Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations 1992 (S.I. 1992/2869), regs. 1, 2(2)
F2: Words in reg. 6(1)(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(6)(a)
F3: Words in reg. 6(2) substituted (15.12.1992) by The Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations 1992 (S.I. 1992/2869), regs. 1, 2(3)
F4: Reg. 6(2)(a)-(g) 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(6)(b)
F5: Reg. 6(2A) inserted (7.6.1999) by The Social Security (Hospital In-Patients, Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 1999 (S.I. 1999/1326), regs. 1, 3
F6: Words in reg. 6(2A) inserted (19.6.2000) by The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2000 (S.I. 2000/1401), regs. 1, 2(2)
F7: Reg. 6(3) omitted (15.12.1992) by virtue of The Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations 1992 (S.I. 1992/2869), regs. 1, 2(4)

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.