Hospitalisation6

–

F11

Subject to regulation 8, it shall be a condition for the receipt of an attendance allowance for any period in respect of any person that during that period he is not maintained free of charge while undergoing medical or other treatment as an in-patient—

a

in a hospital or similar institution under F6 the NHS Act of 1978, the NHS Act of 2006 or the NHS (Wales) Act of 2006 ; or

b

in a hospital or similar institution maintained or administered by the Defence Council.

2

For the purposes of F2paragraph (1)(a), a person shall only be regarded as not being maintained free of charge in a hospital or similar institution for any period where his accommodation and services are provided under

F7a

section 57 of, and paragraph 14 of Schedule 7A to, the NHS Act of 1978;

b

section 13 of, and paragraph 15 of Schedule 2 to, the NHS Act of 2006;

c

section 28 of, and paragraph 11 of Schedule 6 to, the NHS Act of 2006;

d

section 44(6) of, and paragraph 19(1) of Schedule 4 to, the NHS Act of 2006;

e

section 11 of, and paragraph 15 of Schedule 2 to, the NHS (Wales) Act of 2006;

f

section 18 of, and paragraph 19(1) of Schedule 3 to, the NHS (Wales) Act of 2006; or

g

section 22 of, and paragraph 11 of Schedule 5 to, the NHS (Wales) Act of 2006.

F42A

For the purposes of paragraph (1), a period during which a person is maintained free of charge while undergoing medical or other treatment as an in-patient 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 F5before the day on which he leaves such a hospital or similar institution.

F33

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