C1C4C2C3C5C6C7Part 4Personal independence payment

Annotations:
Modifications etc. (not altering text)
C4

Pt. 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C2

Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1302), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C3

Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) (Citizens' Rights Agreement) Order 2019 (S.I. 2019/1303), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C6

Pts. 1, 4 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C7

Pts. 1, 4 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.

Entitlement and payability: further provision

I185Care home residents

1

Regulations may provide that no amount in respect of personal independence payment which is attributable to entitlement to the daily living component is payable in respect of a person for a period when the person meets the condition in subsection (2).

2

The condition is that the person is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for the person are borne out of public or local funds by virtue of a specified enactment.

3

In this section “care home” means an establishment that provides accommodation together with nursing or personal care.

4

The following are “qualifying services“ for the purposes of subsection (2)—

a

accommodation;

b

board;

c

personal care;

d

such other services as may be prescribed.

5

The reference in subsection (2) to a “specified enactment” is to an enactment which is specified for the purposes of that subsection by regulations or is of a description so specified.

6

The power to specify an enactment for the purposes of subsection (2) includes power to specify it only in relation to its application for a particular purpose.

7

In this section “enactment” includes an enactment comprised in an Act of the Scottish Parliament or in an instrument made under such an Act.