Regulation 12A Hospitalisation of persons aged 18 or over in mobility component casesF1F8
England, Wales and Scotland
Subject to F2paragraph (3) and regulation 12B (exemption), it shall be a condition for the receipt of a disability living allowance which is attributable to entitlement to the mobility component for any period in respect of any person that during that period he is not maintained free of charge while undergoing medical or other treatment as an in-patient—
in a hospital or similar institution under F3 the NHS Act of 1978, the NHS Act of 2006 or the NHS (Wales) Act of 2006 ; or
in a hospital or other similar institution maintained or administered by the Defence Council.
For the purposes of paragraph (1)(a) a person shall only be regarded as not being maintained free of charge in a hospital or similar institution during any period when his accommodation and services are provided under section 65—
section 57 of, and paragraph 14 of Schedule 7A to, the NHS Act of 1978;
section 13 of, and paragraph 15 of Schedule 2 to, the NHS Act of 2006;
section 28 of, and paragraph 11 of Schedule 6 to, the NHS Act of 2006;
section 44(6) of, and paragraph 19(1) of Schedule 4 to, the NHS Act of 2006;
section 11 of, and paragraph 15 of Schedule 2 to, the NHS (Wales) Act of 2006;
section 18 of, and paragraph 19(1) of Schedule 3 to, the NHS (Wales) Act of 2006; or
section 22 of, and paragraph 11 of Schedule 5 to, the NHS (Wales) Act of 2006.
For the purposes of paragraph (1), a period during which a person is maintained free of charge while undergoing medical or other treatment as an in-patient shall be deemed to begin on the day after the day on which he enters a hospital or other similar institution referred to in that paragraph and to end on the day F6before the day on which he leaves such a hospital or other similar institution.
This regulation does not apply to a person who was under the age of 18 on the day on which he entered the hospital or other similar institution referred to in paragraph (1) to begin his current period as an in-patient.
Annotations
Textual amendments
- F1
Reg. 12A to 12C inserted (31.7.96) by S.I. 1996/1436 reg. 1, 2
- F2
Words in reg. 12A(1) inserted (29.6.2016) by The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (S.I. 2016/556), regs. 1(2), 2(4)(b)
- F3
Words in reg. 12A(1)(a) 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), 4(10)(a)
- F4
Regs. 12A(2)(a)-(g) 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), 4(10)(b)
- F5
Reg. 12A(2A) inserted (7.6.99) by S.I. 1999/1326 reg. 1,4
- F6
Words in reg. 12A(2A) inserted (19.6.2000) by The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2000 (S.I. 2000/1401), regs. 1, 3(2)
- F7
Reg. 12A(3) added (29.6.2016) by The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (S.I. 2016/556), regs. 1(2), 2(4)(c)
- F8
Words in reg. 12A inserted (29.6.2016) by The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (S.I. 2016/556), regs. 1(2), 2(4)(a)
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 .