Amendment of regulation 8 of the Disability Living Allowance Regulations

4.—(1) Regulation 8 of the Disability Living Allowance Regulations(1) shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (1) there shall be substituted the following paragraph—

(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 hospital or similar institution under the NHS Act of 1977, the NHS Act of 1978 or the NHS Act of 1990; or

(b)in a hospital or other similar institution maintained or administered by the Defence Council..

(3) In paragraph (2), for the words “paragraph (1)” there shall be substituted the words “paragraph (1)(a)”.

(4) Paragraph (3) shall be omitted.

(1)

Regulation 8 was amended by S.I. 1992/633, regulation 2(2).