Regulation 25 Payment of attendance allowance and constant attendance allowance at a daily rate

England, Wales and Scotland

(1)

Attendance allowance F1or disability living allowance F2... shall be paid in respect of any person, for any day falling within a period to which paragraph (2) applies, at the daily rate (which shall be equal to 1/7th of the weekly rate) and attendance allowance or disability living allowance ... payable in pursuance of this regulation shall be paid weekly or as the Secretary of State may direct in any case.

(2)

This paragraph applies to any period which–

(a)

begins on the day immediately following the last day of a period during which a person was living in F3a hospital specified in or other accommodation provided as specified in regulations made under section 37ZB(8) of the Social Security Act 1975 M1 (“specified hospital or other accommodation”); and

(b)

ends–

(i)

if the first day of the period was a day of payment, at midnight on the day preceding the 4th following day of payment, or

(ii)

if that day was not a day of payment, at midnight on the day preceding the 5th following day of payment, or

(iii)

if earlier, on the day immediately preceding the day on which he next lives in specified hospital or other accommodation;

if on the first day of the period it is expected that, before the expiry of the period of 28 days beginning with that day, he will return to specified hospital or other accommodation.

(3)

An increase of disablement pension under section 61 of the Social Security Act 1975 where constant attendance is needed (“constant attendance allowance”) shall be paid at a daily rate of 1/7th of the weekly rate in any case where it becomes payable for a period of less than a week which is immediately preceded and immediately succeeded by periods during which the constant attendance allowance was not payable because regulation 21(1) of the Social Security (General Benefit) Regulations 1982 M2 applied.

Annotations

Textual amendments

F1: Words in reg. 25(1) inserted (6.4.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 13(a)
F2: Words in reg. 25(1) omitted (31.7.1996) by virtue of The Social Security (Disability Living Allowance and Claims and Payments) Amendment Regulations 1996 (S.I. 1996/1436), regs. 1, 3
F3: Words in reg. 25(2) inserted (6.4.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 13(b)-13(f)

Marginal citations

M1: S.I. 1975/598; amending instruments are S.I. 1977/342, 417, 1980/1136, 1983/1015, 1137, 1741.
M2: S.I. 1982/1408.

Notes on the whole SI

Textual amendments

F1: Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)