The Social Security (Disability Living Allowance) Regulations 1991

[F1Adjustment of allowance where medical expenses are paid from public funds under war pensions instrumentsE+W+S

10A.—(1) In this regulation—

“article 25B” means article 25B of the Personal Injuries (Civilians) Scheme 1983 (medical expenses) and includes that article as applied by article 48B of that Scheme;

“article [F2 21 ] ” means article [F2 21 ] of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order [F3 2006 ] (medical expenses);

and in this regulation and regulation 10B “relevant accommodation” means accommodation provided as a necessary ancillary to nursing care where the medical expenses involved are wholly borne by the Secretary of State pursuant to article 25B or article [F221].

(2) This regulation applies where a person is provided with relevant accommodation.

(3) Subject to regulation 10B, where this regulation applies and there are payable in respect of a person both a payment under article 25B or article [F421] and a disability living allowance which is attributable to the care component, the allowance, in so far as it is so attributable, shall be adjusted by deducting from it the amount of the payment under article 25B or article [F421], as the case may be, and only the balance shall be payable.]

Textual Amendments

F1Reg. 10A and 10B inserted (1.8.1994) by S.I. 1994/1779 reg. 3(4)