Regulation 8 Exemption from regulations 6 and 7

–

F1(1)

Regulation 6, or as the case may be, regulation 7, shall not, F2subject to the following provisions of this regulation, apply to a person in respect of the first 28 days of any period during which he–

(a)

is undergoing medical or other treatment in a hospital or other institution in any of the circumstances mentioned in regulation 6; or

(b)

would, but for this regulation, be prevented from receiving an attendance allowance by reason of regulation 7(1).

(2)

For the purposes of paragraph (1)–

(a)

two or more distinct periods separated by an interval not exceeding 28 days, or by two or more such intervals, shall be treated as a continuous period equal in duration to the total of such distinct periods and ending on the last day of the later or last such period;

(b)

any period or periods to which either regulation 6 or regulation 7 refers shall be taken into account and aggregated with any period to which the other of them refers.

(3)

Where, on the day a person’s entitlement to an attendance allowance commences, he is in accommodation in the circumstances mentioned in regulation 6 or regulation 7, paragraph (1) shall not apply to him for any period of consecutive days, beginning with that day, on which he remains in that accommodation.

F3(4)

Regulation 6 or, as the case may be, regulation 7 shall not apply F4 ... in the case of a person who is residing in a hospice and is terminally ill where the Secretary of State has been informed that he is terminally ill—

(a)

on a claim for attendance allowance,

(b)

on an application for a F5revision under section 9 of the Social Security Act 1998 or supersession under section 10 of that Act of an award of attendance allowance, or

(c)

in writing in connection with an award of, or a claim for, or an application for a F6revision under section 9 of the Social Security Act 1998 or supersession under section 10 of that Act of an award of, attendance allowance.

(5)

In paragraph (4) “hospice” means a hospital or other institution F7whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages other than—

F8(a)

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

(b)

a health service hospital (within the meaning of section 108(1) of the NHS Act of 1978 ) in Scotland;

(F9ba)

a health service hospital (within the meaning of section 275 of the NHS Act of 2006) in England;

(bb)

a hospital in Wales vested in—

(i)

an NHS Trust;

(ii)

a Local Health Board; or

(iii)

the Welsh Ministers, for the purpose of functions under the NHS (Wales) Act of 2006;

(c)

a hospital maintained or administered by the Defence Council; or

(d)

an institution similar to a hospital mentioned in any of the preceding sub-paragraphs of this paragraph.

(F106)

Regulation 7 shall not apply in any particular case for any period during which the whole costs of all of the qualifying services are met—

(a)

out of the resources of the person for whom the qualifying services are provided, or partly out of his own resources and partly with assistance from another person or a charity, or

(b)

on his behalf by another person or a charity.

(F116A)

For the purpose of paragraph (5)(bb)—

(a)

“ NHS Trust” means a body established under section 18 of the NHS (Wales) Act of 2006; and

(b)

“Local Health Board” means a body established under section 11 of the NHS (Wales) Act of 2006.

F12(7)

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

Annotations

Textual amendments

F1: Reg. 8(1) substituted (6.4.1992) by S.I. 1992/703, reg. 1, 5
F2: Words in reg. 8(1) substituted (1.4.1993) by S.I. 1992/3147, reg. 1(1), 8(2)(a) (with reg. 8(3)-(6))
F3: Reg. 8(4)-(6) inserted (1.4.1993) by S.I. 1992/3147, reg. 1, 8(2)(b) (with reg. 8(3)-(6))
F4: Words in reg. 8(4) omitted (19.6.2000) by virtue of The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2000 (S.I. 2000/1401) , regs. 1 , 2(4)(a)
F5: Words in reg. 8(4)(b) substituted (18.10.1999) by S.I. 1999/2860, reg. 2(b), sch. 8, para. 1
F6: Words in reg. 8(4)(c) substituted (18.10.1999) by S.I. 1999/2860, reg. 2(b), sch. 8, para. 1
F7: Words in reg, 8(5) inserted (1.4.1993) by S.I. 1993/518, reg. 1, 2(3)(b)
F8: Reg. 8(5)(a) 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(8)(a)
F9: Reg. 8(5)(ba) - Reg. 8(5)(bb) inserted (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(8)(b)
F10: Reg. 8(6) substituted (29.10.2007) by Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2007 (S.I. 2007/2875) , regs. 1(1) , 2(3)
F11: Reg. 8(6A) inserted (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(8)(c)
F12: Reg. 8(7) omitted (19.6.2000) by virtue of The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2000 (S.I. 2000/1401) , regs. 1 , 2(4)(c)

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.