Social Security Contributions and Benefits Act 1992

64 Entitlement. E+W+S

(1) A person shall be entitled to an attendance allowance if he [F1 has attained pensionable age], he is not entitled to [F2 an allowance within subsection (1A)] and he satisfies either—

(a) the condition specified in subsection (2) below (“the day attendance condition”), or

(b) the condition specified in subsection (3) below (“the night attendance condition”),

and prescribed conditions as to residence and presence in Great Britain.

[F3 (1A) The following allowances are within this subsection—

(a) personal independence payment;

[F4 (aa) adult disability payment;]

(b) the care component of a disability living allowance.

[F5 (c) pension age disability payment.]]

(2) A person satisfies the day attendance condition if he is so severely disabled physically or mentally that, by day, he requires from another person either—

(a) frequent attention throughout the day in connection with his bodily functions, or

(b) continual supervision throughout the day in order to avoid substantial danger to himself or others.

(3) A person satisfies the night attendance condition if he is so severely disabled physically or mentally that, at night,—

(a) he requires from another person prolonged or repeated attention in connection with his bodily functions, or

(b) in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him.

[F6 (4) Circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy such of the conditions mentioned in subsections (2) and (3) above as may be prescribed.]

Textual Amendments

F1 Words in s. 64(1) substituted (6.12.2018) by Pensions Act 2007 (c. 22), s. 13(3), Sch. 1 para. 41

F2 Words in s. 64(1) substituted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 5(2); S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

F3 S. 64(1A) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 5(3); S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

F4 S. 64(1A)(aa) inserted (21.3.2022 with effect in accordance with reg. 1(1) of the amending S.I.) by The Scotland Act 2016 (Social Security) (Adult Disability Payment and Child Disability Payment) (Amendment) Regulations 2022 (S.I. 2022/335), reg. 2(2)

F5 S. 64(1A)(c) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Modifications) Order 2024 (S.I. 2024/1048), arts. 1(2), 2(2)

F6 S. 64(4) added (12.1.2000) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 66(1), 89(1); S.I. 1999/3309, art. 2(3)

Modifications etc. (not altering text)

C1 S. 64 modified (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 3 para. 20

C2 S. 64(1)(a) excluded (21.10.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(2), sch. paras. 11(4)(a), para. 12(f)(ii)

C3 S. 64(1A) excluded (S.) (21.10.2024) by The Disability Assistance for Older People (Scotland) Regulations 2024 (S.S.I. 2024/166), reg. 1(2), sch. para. 10(2)(a)