- Latest available (Revised)
- Point in Time (01/01/2014)
- Original (As made)
Version Superseded: 01/04/2015
Point in time view as at 01/01/2014. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Social Security (Disability Living Allowance) Regulations 1991, Section 9.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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, 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)F5 ... ... ... 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 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);
F6( 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 who—
(a)has not attained the age of 16 and is being looked after by a local authority; or
(b)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
(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 (a) and (b) 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
F7( 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)
F5Words 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)
F6Reg. 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)
F7Reg. 9(6)(f) 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)(c)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: