The Social Security (Disability Living Allowance) Regulations 1991

Exemption from regulation 8 and 9E+W+S

10.—(1) Regulation 8, or as the case may be, regulation 9, shall not, [F1subject to the following provisions of this regulation], apply to a person for the first 28 days of any period throughout which he is someone to whom paragraph (4) applies.

(2) Regulation 8 shall not, subject to paragraph (3), apply to a person who has not attained the age of 16 for the first 84 days of any period throughout which he is someone to whom paragraph (4) refers.

(3) Where on the day the person’s entitlement to the care component commenced, he is a person to whom paragraph (4) refers, then paragraph (1) or, as the case may be, paragraph (2) shall not apply to him for any period of consecutive days, beginning with that day, in which he continues to be a person to whom paragraph (4) refers.

(4) This paragraph refers to a person who–

(a)is undergoing medical or other treatment in a hospital or other institution in any of the circumstances mentioned in regulation 8; or

[F2(b)would, but for this regulation, be prevented from receiving the care component of a disability living allowance by reason of regulation 9(1).]

(5) For the purposes of paragraphs (1) and (2)–

(a)2 or more distinct periods separated by an interval not exceeding 28 days, or by 2 or more such intervals shall be treated as a continuous period equal in duration to the total of such distinct periods and ending on the last day of the later or last such period;

(b)any period or periods to which regulation 8(1) or 9(1) refers shall be taken into account and aggregated with any period to which the other of them refers.

[F3(6)  Regulation 8 or as the case may be regulation 9 shall not apply F4 ... in the case of a person who is residing in a hospice and is terminally ill where the Secretary of State has been informed that he is terminally ill—

(a)on a claim for the care component,

(b) on an application for a [F5 revision under section 9 of the 1998 Act or supersession under section 10 of that Act ] of an award of disability living allowance, or

(c) in writing in connection with an award of, or a claim for, or an application for a [F6 revision under section 9 of the 1998 Act or supersession under section 10 of that Act ] of an award of, disability living allowance.

(7) In paragraph (6) “hospice” means a hospital or other institution[F7whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages] other than—

F8( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a health service hospital (within the meaning of section 108(1) of the NHS Act of 1978 ) in Scotland;

[F9(ba) a health service hospital (within the meaning of section 275 of the NHS Act of 2006) in England;

(bb)a hospital in Wales vested in—

(i) an NHS Trust;

(ii)a Local Health Board; or

(iii) the Welsh Ministers, for the purpose of functions under the NHS (Wales) Act of 2006; ]

(c)a hospital maintained or administered by the Defence Council; or

(d)an institution similar to a hospital mentioned in any of the preceding sub-paragraphs of this paragraph.

[F10(8) Regulation 9 shall not apply in any particular case for any period during which the whole costs of all of the qualifying services are met—

(a)out of the resources of the person for whom the qualifying services are provided, or partly out of his own resources and partly with the assistance from another person or a charity, or

(b)on his behalf by another person or a charity.]]

[F11(8A) For the purpose of paragraph (7)(bb)—

(a) “ NHS Trust” means a body established under section 18 of the NHS (Wales) Act of 2006; and

(b) “Local Health Board” means a body established under section 11 of the NHS (Wales) Act of 2006. ]

F12( 9 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words substituted (1.4.93) in reg. 10(1) by S.I. 1992/3147, reg. 7(2)(a), reg. 1

F2Reg. 10(4)(b) substituted (6.4.92) by S.I. 1992/633, Reg. 2(4), reg. 1

F3Reg. 10(6)-(8) inserted (1.4.93) by S.I. 1992/3147 reg. 1,7

F5Words in reg. 10(6)(b) substituted (18.10.99) by S.I. 1999/2860, Sch. 7, para 4, reg. 1

F6Words in reg. 10(6)(c) substituted (18.10.99) by S.I. 1999/2860, Sch. 7, para 4, reg. 1

F7Words inserted in reg. 10(7) (1.9.93) by S.I. 1993/518, reg 3(3)(b), reg. 1