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2. After regulation 8B of the Social Security (Attendance Allowance) Regulations 1991(1) (exemption from regulation 8A) there shall be inserted the following regulation—
8BA. For the purposes of section 64(4) of the Social Security Contributions and Benefits Act 1992 (prescribed circumstances in which a person is to be taken to satisfy or not to satisfy the conditions mentioned in section 64(2) and (3) of that Act), a person shall not be taken to satisfy subsection (2)(a) (day attention) or (3)(a) (night attention) unless the attention the severely disabled person requires from another person is required to be given in the physical presence of the severely disabled person.”.
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