The Social Security (Disability Living Allowance) Regulations 1991

Hospitalisation

8.—(1) Subject to regulation 10, it shall be a condition for the receipt of a disability living allowance which is attributable to entitlement to the care component 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 health service hospital, within the meaning of the NHS Act of 1977 or the NHS Act of 1978; or

(b) in pursuance of arrangements made, or having effect as if made, by the Secretary of State, or any body in the exercise of functions on behalf of the Secretary of State under either of those Acts, in a hospital or similar institution; or

(c) in a hospital or similar institution maintained or administered by the Defence Council or a National Health Service Trust; or

(d) in a hospital or similar institution in pursuance of arrangements made by a member of a recognised fund-holding practice.

(2) For the purposes of paragraph (1) a person shall only be regarded as not being maintained free of charge in a hospital or similar institution during any period when his accommodation and services are provided under section 65 of the NHS Act of 1977 or section 58 of, or paragraph 14 of Schedule 7A to, the NHS Act of 1978, or paragraph 14 of Schedule 2 to the NHS Act of 1990.

(3) In this regulation–

• “National Health Service trust” has the meaning assigned to it by the NHS Act of 1990;

• “recognised fund-holding practice” shall be construed in accordance with section 14 of the NHS Act of 1990.