The Social Security (Disability Living Allowance) Regulations 1991

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[F1Persons in care homesE+W+S

9.—(1) Except in the cases specified in paragraphs (3) to (5), and subject to regulation 10, a person shall not be paid any amount in respect of a disability living allowance which is attributable to entitlement to the care component for any period where throughout that period he is a resident in a care home in circumstances where any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.

(2) The specified enactments for the purposes of paragraph (1) are—

(a)(i)Part III of the National Assistance Act 1948,

(ii)[F2sections 59 and 59A] of the Social Work (Scotland) Act 1968,

(iii)the Mental Health (Care and Treatment) (Scotland) Act 2003,

(iv)the Community Care and Health (Scotland) Act 2002,

(v) the Mental Health Act 1983; F3 ...

[F4(vi)section 57 of the Health and Social Care Act 2001, F5...]

[F6(vii)Part 1 of the Care Act 2014 (care and support), F7...]

[F8(viii)Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs), or]

(b)any other enactment relating to persons under disability or to young persons or to education or training.

(3) Paragraph (2)(b) shall not apply in circumstances where any of the costs of the qualifying services provided for him are borne wholly or partly out of public or local funds by virtue of—

(a)section 485 of the Education Act 1996, section 14 of the Education Act 2002 or section 73 of the Education (Scotland) Act 1980 (which relate to grants in aid of educational services);

(b)F9 ... sections 49 or 73 of the Education (Scotland) Act 1980 (which relate respectively to the power of education authorities to assist persons to take advantage of educational facilities and the powers of the Secretary of State to make grants to education authorities and others);

(c)section 65 of the Further and Higher Education Act 1992[F10, sections 39 or 40 of the Higher Education and Research Act 2017] or sections 4 or 11 of the Further and Higher Education (Scotland) Act 2005 (which relate respectively to the funding of further education and the administration of funds);

F11(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)section 22 of the Teaching and Higher Education Act 1998.

(4) Subject to paragraph (5), paragraphs (1) and (2) shall not apply in the case of a child F12...—

(a)[F13who] has not attained the age of 16 and is being looked after by a local authority; or

(b)[F14who] has not attained the age of 18 and to whom—

(i)section 17(10)(b) of the Children Act 1989 or section 93(4)(a)(ii) of the Children (Scotland) Act 1995 (impairment of health and development) applies because his health is likely to be significantly impaired, or further impaired, without the provision of services for him, or

(ii)section 17(10)(c) of the Children Act 1989 (disability) or section 93(4)(a)(iii) of the Children (Scotland) Act 1995 (disability) applies; or

[F15(ba)to whom section 37, 38 or 42 of the Social Services and Well-being (Wales) Act 2014 applies; or]

(c)who is accommodated outside the United Kingdom and the costs of any qualifying services are borne wholly or partly by a local authority pursuant to their powers under section 320 of the Education Act 1996 or section 25 of the Education (Additional Support for Learning) (Scotland) Act 2004.

(5) Sub-paragraphs [F16(a), (b) and (ba)] of paragraph (4) shall only apply during any period which the local authority looking after the child place him in a private dwelling with a family, or a relative of his, or some other suitable person.

(6) In this regulation and in regulation 10, references to the costs of any qualifying services shall not include the cost of—

(a)domiciliary services, including personal care, 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, a care home 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 care home 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 any qualifying service provided in a care home in respect of which grants or payments are made out of public or local funds; or

F17(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purposes of paragraph (1), a period during which a person is a resident in a care home in the circumstances set out in that paragraph shall, subject to paragraphs (8) and (9), be deemed—

(a)to begin on the day after the day on which he enters a care home, and

(b)to end on the day before the day on which he leaves a care home.

(8) Where a person enters a care home from a hospital or similar institution in circumstances in which paragraph (1) of regulation 6 applies, the period during which he is a resident in the care home shall be deemed to begin on the day he enters that care home.

(9) Where a person leaves a care home and enters a hospital or similar institution in circumstances in which paragraph (1) of regulation 6 applies, the period during which he is a resident in the care home shall be deemed to end on the day he leaves that care home]

Textual Amendments

F1Reg. 9 substituted (29.10.2007) by Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2007 (S.I. 2007/2875), regs. 1(1), 3(2) (with reg. 4(2))

F2Words in reg. 9(2)(a)(ii) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer€™s Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(7)(a)

F3Word in reg. 9(2)(a)(v) omitted (1.11.2013) by virtue of The Community Care, Services for Carers and Children's Services (Direct Payments) (England) (Amendment) Regulations 2013 (S.I. 2013/2270), regs. 1(1), 6(a)

F4Reg. 9(2)(a)(vi) inserted (1.11.2013) by The Community Care, Services for Carers and Children's Services (Direct Payments) (England) (Amendment) Regulations 2013 (S.I. 2013/2270), regs. 1(1), 6(b)

F5Word in reg. 9(2)(a)(vi) omitted (1.4.2015) by virtue of The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 7(a) (with art. 4)

F6Reg. 9(2)(a)(vii) inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 7(b) (with art. 4)

F7Word in reg. 9(2)(a)(vii) omitted (3.11.2017) by virtue of The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), art. 1, 4(a)

F8Reg. 9(2)(a)(viii) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), art. 1, 4(b)

F9Words in reg. 9(3)(b) omitted (8.4.2013) by virtue of The Social Security (Disability Living Allowance, Attendance Allowance and Carer€™s Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(7)(b)(i)

F10Words in reg. 9(3)(c) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 17

F11Reg. 9(3)(d) omitted (8.4.2013) by virtue of The Social Security (Disability Living Allowance, Attendance Allowance and Carer€™s Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(7)(b)(ii)