The Social Security Benefits (Miscellaneous Amendments) Regulations 1993

Amendment of the Social Security (Disability Living Allowance) Regulations 1991

3.—(1) The Social Security (Disability Living Allowance) Regulations 1991(2) 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 1992(3);”;

(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-paragraph(1) were omitted.”.

(3) In regulation 10(4) (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.”.

(1)

Paragraphs (4) and (5) were added by S.I. 1992/3147.

(2)

S.I. 1991/2890; the relevant amending instruments are S.I. 1992/633 and 3147.

(3)

S.I. 1992/3147.

(4)

Regulation 10 is amended by S.I. 1992/633 and 3147.