Regulation 10 Exemption from regulations 8 and 9

(1)

Subject to paragraphs (2) and (3), regulation 8 or, as the case may be, regulation 9, shall not apply to a person for the first 28 days of any period throughout which he is someone to whom paragraph (4) refers.

(2)

Subject to paragraph (3), regulation 8 shall not apply to a person who has not attained the age of 16 for the first 84 days of any period throughout which he is someone to whom paragraph (4) refers.

(3)

Where on the day on which the person’s entitlement to the care component commenced, he is a person to whom paragraph (4) refers, then paragraph (1) or, as the case may be, paragraph (2) shall not apply to him for any period of consecutive days, beginning with that day, in which he continues to be a person to whom paragraph (4) refers.

(4)

This paragraph refers to a person who—

(a)

is undergoing medical or other treatment in a hospital or similar institution in any of the circumstances mentioned in regulation 8; or

(b)

is in accommodation provided in any of the circumstances mentioned in regulation 9.

(5)

For the purposes of paragraphs (1) and (2)—

(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 regulation 8(1) or 9(1) refers shall be taken into account and aggregated with any period to which the other of them refers.