Regulation 8A Adjustment of allowance where medical expenses are paid from public funds under war pensions instrumentsF1F2
In this regulation—
“article 25B” means article 25B of the Personal Injuries (Civilians) Scheme 1983 (medical expenses) and includes that article as applied by article 48B of that Scheme;
“article F3 21 ” means article 21 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order F4 2006 (medical expenses); and
in this regulation and regulation 8B “relevant accommodation” means accommodation provided as a necessary ancillary to nursing care where the medical expenses involved are wholly borne by the Secretary of State pursuant to article 25B or article 21.
This regulation applies where a person is provided with relevant accommodation.
Subject to regulation 8B, where this regulation applies and there are payable in respect of a person both a payment under either article 25B or article F521 and an attendance allowance, the allowance shall be adjusted by deducting from it the amount of the payment under article 25B or article 21, as the case may be, and only the balance shall be payable.
Annotations
Textual amendments
- F1
Reg. 8(4)-(6) inserted (1.4.1993) by S.I. 1992/3147, reg. 1, 8(2)(b) (with reg. 8(3)-(6))
- F2
Reg. 8A - Reg. 8B inserted (1.8.1994) by S.I. 1994/1779, reg. 1, 2(4)
- F3
Word in reg. 8A(1) 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(9)(a)(i)
- F4
Word in reg. 8A(1) 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(9)(a)(ii)
- F5
Word in reg. 8A(3) 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(9)(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.