Regulation 7 Persons in care homesF1

(1)

Subject to regulation 8, a person shall not be paid any amount in respect of an attendance allowance for any period where throughout that period he is a resident in a care home in circumstances where any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.

(2)

The specified enactments for the purposes of paragraph (1) are—

(a)

(i)

Part III of the National Assistance Act 1948,

(ii)

F2sections 59 and 59A of the Social Work (Scotland) Act 1968,

(iii)

the Mental Health (Care and Treatment) (Scotland) Act 2003,

(iv)

the Community Care and Health (Scotland) Act 2002,

(v)

the Mental Health Act 1983, F3 ...

(vi)

F4section 57 of the Health and Social Care Act 2001, F5...

(F6vii)

Part 1 of the Care Act 2014 (care and support), F7...

(F8viii)

Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs), or

(b)

any other enactment relating to persons under disability.

(3)

In this regulation, and in regulation 8, references to the costs of any qualifying services shall not include the cost of—

(a)

domiciliary services, including personal care, provided in respect of a person in a private dwelling; or

(b)

improvements made to, or furniture or equipment provided for, a private dwelling on account of the needs of a person under disability; or

(c)

improvements made to, or furniture or equipment provided for, a care home in respect of which a grant or payment has been made out of public or local funds except where the grant or payment is of a regular or repeated nature; or

(d)

social and recreational activities provided outside the care home in respect of which grants or payments are made out of public or local funds; or

(e)

the purchase or running of a motor vehicle to be used in connection with any qualifying service provided in a care home in respect of which grants or payments are made out of public or local funds; or

F9(f)

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

(4)

For the purposes of paragraph (1), a period during which a person is a resident in a care home in the circumstances set out in that paragraph shall, subject to paragraphs (5) and (6), be deemed—

(a)

to begin on the day after the day on which he enters a care home, and

(b)

to end on the day before the day on which he leaves a care home.

(5)

Where a person enters a care home from a hospital or similar institution in circumstances in which paragraph (1) of regulation 6 applies, the period during which he is a resident in the care home shall be deemed to begin on the day he enters that care home.

(6)

Where a person leaves a care home and enters a hospital or similar institution in circumstances in which paragraph (1) of regulation 6 applies, the period during which he is a resident in the care home shall be deemed to end on the day he leaves that care home.

Annotations

Textual amendments

F1: Reg. 7 substituted (29.10.2007) by Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2007 (S.I. 2007/2875), regs. 1(1), 2(2) (with reg. 4(1))
F2: Words in reg. 7(2)(a)(ii) 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(7)(a)
F3: Word in reg. 7(2)(a)(v) omitted (1.11.2013) by virtue of The Community Care, Services for Carers and Children's Services (Direct Payments) (England) (Amendment) Regulations 2013 (S.I. 2013/2270), regs. 1(1), 5(a)
F4: Reg. 7(2)(a)(vi) inserted (1.11.2013) by The Community Care, Services for Carers and Children's Services (Direct Payments) (England) (Amendment) Regulations 2013 (S.I. 2013/2270), regs. 1(1), 5(b)
F5: Word in reg. 7(2)(a)(vi) omitted (1.4.2015) by virtue of The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 6(a) (with art. 4)
F6: Reg. 7(2)(a)(vii) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 6(b) (with art. 4)
F7: Word in reg. 7(2)(a)(vii) omitted (3.11.2017) by virtue of 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, 3(a)
F8: Reg. 7(2)(a)(viii) 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, 3(b)
F9: Reg. 7(3)(f) omitted (8.4.2013) by virtue of The Social Security (Disability Living Allowance, Attendance Allowance and Carer€™s Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(7)(b)

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.