2000 No. 1401

SOCIAL SECURITY

The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2000

Made

Laid before Parliament

Coming into force

The Secretary of State for Social Security, in exercise of the powers conferred by sections 67(2), 72(8), 113(2) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, and sections 73(1)(b) and 189(1), (4) and (5) of the Social Security Administration Act 19922 and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that the proposals to make these Regulations should not be referred to it,3 hereby makes the following Regulations:

Citation and commencement1

These Regulations may be cited as the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2000 and shall come into force on 19th June 2000.

Amendment of the Social Security (Attendance Allowance) Regulations 19912

1

The Social Security (Attendance Allowance) Regulations 19914 shall be amended in accordance with the following paragraphs of this regulation.

2

In regulation 6(2A) (hospitalisation)5 after the words “and to end on the day”, there shall be inserted “before the day”.

3

In sub-paragraph (b)(ii) of regulation 7A(2) (persons to whom regulations 7 and 8 apply with modifications)6 for the words “paragraphs (4) to (7)” there shall be substituted “paragraphs (4) to (6)”.

4

In regulation 8 (exemption from regulations 6 and 7)7—

a

in paragraph (4) the words “except in a case to which paragraph (7) applies” shall be omitted;

b

in paragraph (6) the words “except in a case to which paragraph (7) applies” shall be omitted; and

c

paragraph (7) shall be omitted.

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

1

The Social Security (Disability Living Allowance) Regulations 19918 shall be amended in accordance with the following paragraphs of this regulation.

2

In regulation 8(2A) (hospitalisation) and regulation 12A(2A) (hospitalisation in mobility component cases)9 after the words “and to end on the day”, there shall be inserted “before the day”.

3

In sub-paragraph (b)(ii) of regulation 9A(2) (persons to whom regulations 9 and 10 apply with modifications)10 for the words “paragraphs (6) to (9)” there shall be substituted “paragraphs (6) to (8)”.

4

In regulation 10 (exemption from regulation 8 and 9)11—

a

in paragraph (6) the words “except in a case to which paragraph (9) applies” shall be omitted;

b

in paragraph (8) the words “except in a case to which paragraph (9) applies” shall be omitted; and

c

paragraph (9) shall be omitted.

Signed by authority of the Secretary of State for Social Security.

Hugh BayleyParliamentary Under-Secretary of State,Department of Social Security

(This note is not part of the Regulations)

These Regulations amend the Social Security (Attendance Allowance) Regulations 1991 (“the Attendance Allowance Regulations”) and the Social Security (Disability Living Allowance) Regulations 1991 (“the Disability Living Allowance Regulations”).

Regulations 2(2) and 3(2) respectively amend regulation 6 of the Attendance Allowance Regulations and regulations 8 and 12A of the Disability Living Allowance Regulations. The amendments provide that a period during which a person is, or is treated as, receiving free in-patient treatment or is treated as being maintained free of charge while undergoing medical treatment as an in-patient, ends on the day before the day on which he leaves a hospital or similar institution.

Regulations 2(3) and 3(3) respectively amend regulation 7A of the Attendance Allowance Regulations and regulation 9A of the Disability Living Allowance Regulations by removing the reference to paragraphs (7) and (9) respectively. These amendments are consequential on regulations 2(4) and 3(4) of these Regulations.

Regulations 2(4) and 3(4) respectively amend regulation 8 of the Attendance Allowance Regulations and regulation 10 of the Disability Living Allowance Regulations to remove the provision which prevents payment of attendance allowance or disability living allowance to certain persons in a residential care home or hospice owned or managed by a local authority.

These regulations impose no costs on business.