The Social Security (Hospital In-Patients) Regulations 2005

Hospital in-patients entitled to an increase in benefit for a dependant

2.—(1) Paragraphs (2) and (3) apply where a beneficiary is entitled to an increase in benefit for an adult or child dependant under Part IV of the Social Security Contributions and Benefits Act 1992(1).

(2) Where the beneficiary has received free in-patient treatment for a period of not less than 52 weeks, the increase shall not be payable unless the beneficiary applies to the Secretary of State to pay the increase on behalf of the beneficiary to—

(a) the dependant, or

(b) some other person who is approved by the Secretary of State and who satisfies the Secretary of State that he will apply the increase for the benefit of the dependant.

(3) Where both the beneficiary and the dependant are in-patients and each has received free in-patient treatment for a period of not less than 52 weeks, the increase shall not be payable unless the beneficiary applies to the Secretary of State to pay the increase on behalf of the beneficiary to—

(a) the dependant, or

(b) some other person who is approved by the Secretary of State and who satisfies the Secretary of State that he will apply the increase for the benefit of a child or the beneficiary.

(4) For the purposes of this regulation, a person shall be regarded as receiving or having received free in-patient treatment for any period for which he is or has been maintained free of charge while undergoing medical or other treatment as an in-patient—

(a) in a hospital or similar institution under the National Health Service Act 1977(2), the National Health Service (Scotland) Act 1978(3) or the National Health Service and Community Care Act 1990(4), or

(b) in a hospital or similar institution maintained or administered by the Defence Council,

and such a person shall for the purposes of sub-paragraph (a) be regarded as being maintained free of charge in a hospital or similar institution unless his accommodation and services are provided under section 65 of the National Health Service Act 1977, section 57 of the National Health Service (Scotland) Act 1978(5) or paragraph 14 of Schedule 2 to the National Health Service and Community Care Act 1990.

(5) For the purposes of paragraph (4), a period during which a person is regarded as receiving or having received free in-patient treatment shall be deemed to begin on the day after the day on which he enters a hospital or similar institution referred to in that paragraph and to end on the day on which he leaves such a hospital or similar institution.

(6) For the purposes of this regulation—

(a) where an increase in a person’s benefit is payable in respect of an adult or child dependant the increase shall be treated as a separate benefit, and

(b) where a beneficiary’s spouse or civil partner (“dependant”) is temporarily absent from Great Britain for the purpose of being treated for incapacity which commenced before he left Great Britain the absence shall be disregarded for the purpose of determining whether the beneficiary is residing with the dependant and is entitled to an increase in benefit for him.

(1)

Part IV provisions for increases in benefit for child dependants were revoked by the Tax Credits Act 2002 (c. 21), section 1(3)(e) and Schedule 6, subject to savings and transitional provisions under section 62.

(2)

1977 c. 49.

(3)

1978 c. 29.

(4)

1990 c. 19.

(5)

Section 57 was substituted for sections 57 and 58 by the Health and Medicines Act 1988 (c. 49), section 7(11).