The Social Security (Attendance Allowance) Regulations 1991

Persons in certain accommodation other than hospitals

7.  –

(1) Except in the cases specified in paragraphs (2), (3) and (4) and subject to regulation 8, a person shall not be paid any amount in respect of an attendance allowance for any period where throughout that period he is a person for whom accommodation is provided–

(a) in pursuance of–

(i) Part III of the National Assistance Act 1948(1) or paragraph 2 of Schedule 8 to the NHS Act of 1977, or

(ii) Part IV of the Social Work (Scotland) Act 1968(2) or section 7 of the Mental Health (Scotland) Act 1984(3);

(b) in circumstances where the cost of the accommodation is borne wholly or partly out of public or local funds in pursuance of those enactments or of any other enactment relating to persons under disability or to education or training; or

(c) in circumstances where the cost of the accommodation may be borne wholly or partly out of public or local funds in pursuance of those enactments or of any other enactment relating to persons under disability or to education or training.

(2) Paragraph (1)(c) shall not apply in the case of a person who is terminally ill where the Secretary of State has been informed of that fact–

(a) on a claim for an attendance allowance;

(b) on an application for review of an award of attendance allowance; or

(c) in writing in connection with an award of, or a claim for, or an application for a review of an award of, attendance allowance.

(3) Paragraph (1)(c) shall also not apply–

(a) where he is a person for whom accommodation is made available for his occupation in accordance with section 65 of the Housing Act 1985(4) (duties of local housing authorities to persons found to be homeless);

(b) where the person himself pays the whole cost, and always has paid the whole cost, of the accommodation;

(c) except in a case to which paragraph (4) applies, where the accommodation the person is living in is a private dwelling.

(4) This paragraph applies where–

(a) the cost of the accommodation the person previously occupied was borne in whole or in part out of public or local funds and where he was moved out of that accommodation at the instigation of the body which bore the cost into a residential care home; or

(b) the person is living in a residential care home and at least 4 other persons in that house are provided with board and personal care, excluding persons carrying on the home or employed there or their relatives,

and in this paragraph “residential care home” means an establishment in respect of which registration is required under Part I of the Registered Homes Act 1984(5) or would be so required but for section 1(4) of that Act.

(5) In this regulation, references to the cost of the accommodation shall not include the cost of–

(a) domiciliary services provided in respect of a person in a private dwelling; or

(b) improvements made to, or furniture or equipment provided for, a private dwelling on account of the needs of a person under disability; or

(c) improvements made to, or furniture or equipment provided for, residential homes or other homes or premises in respect of which a grant or payment has been made out of public or local funds except where the grant or payment is of a regular or repeated nature; or

(d) social and recreational activities provided outside the accommodation in respect of which grants or payments are made out of public or local funds; or

(e) the purchase or running of a motor vehicle to be used in connection with the accommodation in respect of which grants or payments are made out of public or local funds.

(1)

1948 c. 29.

(2)

1968 c. 49.

(3)

1984 c. 36.

(4)

1985 c. 68.

(5)

1984 c. 23.