Regulation 10A Adjustment of allowance where medical expenses are paid from public funds under war pensions instrumentsF1
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 F2 21 ” means article 21 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order F3 2006 (medical expenses);
and in this regulation and regulation 10B “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 10B, where this regulation applies and there are payable in respect of a person both a payment under article 25B or article F421 and a disability living allowance which is attributable to the care component, the allowance, in so far as it is so attributable, 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. 10A and 10B inserted (1.8.1994) by S.I. 1994/1779 reg. 3(4)
- F2
Word in reg. 10A(1) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(9)(a)(i)
- F3
Word in reg. 10A(1) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(9)(a)(ii)
- F4
Word in reg. 10A(3) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(9)(b)
Notes on the whole SI
Textual amendments
- F1
- F2
1975 c.14 . Sections 37ZA–37ZE were inserted in the Social Security Act 1975, by the Disability Living Allowance and Disability Working Allowance Act 1991; section 166 was amended by the Social Security Act 1989 (c.24) Schedule 8, paragraph 10(1); subsection (3A) was inserted in section 166 by the Social Security Act 1986 (c.50) , section 62(1) ; Schedule 20 is cited because of the meaning it ascribes to the words “Prescribed” and “Regulations”, and for the enabling power contained within the meaning of the word “Child”, which was inserted by the Child Benefit Act 1975 (c.61) , Schedule 4 , paragraph 38 .
- F3
1977 c.5 ; section 13 was amended by the Social Security Act 1979 (c.18) Schedule 3, paragraph 29(c) and the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) , section 4 , Schedule 2 , paragraph 8 .