C1

C1

Part III Non-Contributory Benefits

Attendance allowance

C264 Entitlement.

1

A person shall be entitled to an attendance allowance if he F4has attained pensionable age, he is not entitled to F2an 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.

F31A

The following allowances are within this subsection—

a

personal independence payment;

F5aa

adult disability payment;

b

the care component of a disability living allowance.

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.

F14

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.