OpenLegislation

Regulation 8 Exemption from regulations 6 and 7

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (3), regulation 6 or, as the case may be, regulation 7 shall not apply to a person in respect of the first 28 days of any period throughout which he is—

(a)

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

(b)

in accommodation provided in any of the circumstances mentioned in regulation 7.

(2)

For the purposes of paragraph (1)—

(a)

2 or more distinct periods separated by an interval not exceeding 28 days, or by 2 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.