The Social Security (Claims and Payments) Regulations 1987

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

25.—(1) Attendance allowance 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 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 hospital or other accommodation specified in regulation 3, 4, or 7(1) of the Social Security (Attendance Allowance) (No.2) Regulations 1975(1); and

(b) ends–

(i) if the first day of the period was a day of payment, at midnight on the day preceding the 13th following day of payment, or

(ii) if that day was not a day of payment, at midnight on the day preceding the 14th following day of payment, or

(iii) if earlier, on the day immediately preceding the day on which regulation 3, 4, 5, 7(1) or 7(2) next applies to his case;

if on the first day of the period it is expected that, before the expiry of the period of 13 weeks beginning with that day, he will return to hospital or other accommodation to which regulation 3, 4, 5 or 7 applies.

(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(2) applied.

(1)

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

(2)

S.I. 1982/1408.