Amendment of the Social Security (Disability Living Allowance) Regulations 19913

1

The Social Security (Disability Living Allowance) Regulations 199110 shall be amended in accordance with the following provisions of this regulation.

2

In regulation 9 (persons in accommodation other than hospitals)—

a

in sub-paragraph (a)(i) of paragraph (1), the words “or paragraph 2 of Schedule 8 to the NHS Act of 1977” shall be omitted;

b

in sub-paragraph (c) of paragraph (4), for the word “accommodation;”, there shall be substituted the words “accommodation, and has a preserved right for the purposes of regulation 7(3) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 199211;”;

c

in paragraph (5), for the words “This paragraph” there shall be substituted the words “Subject to paragraph 5A, this paragraph”; and

d

after paragraph (5), there shall be inserted the following paragraph—

5A

Paragraph (5)(b) shall apply in the case of a person who does not have a preserved right for the purposes of regulation 7(3) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 as if the words “and at least 4 other persons” to the end of sub-paragraph9 were omitted.

3

In regulation 1012 (persons exempt from regulations relating to hospitalisation and persons in certain other accommodation other than hospitals)—

a

in paragraph (6), after the words “shall not apply”, there shall be inserted the words “except in a case to which paragraph (9) applies”;

b

in paragraph (7), after the words “or other institution” there shall be inserted the words “whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages”;

c

in paragraph (8), after the words “shall not apply” there shall be inserted the words “except in a case to which paragraph (9) applies”; and

d

after paragraph (8), there shall be added the following paragraph—

9

This paragraph applies in the case of a person who is residing in a home owned or managed, or owned and managed, by a local authority.