The Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations 1992

• Citation: S.I. 1992/2869
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations 1992 and shall come into force on 15th December 1992.

(2) In these Regulations—

“the Attendance Allowance Regulations ” means the Social Security (Attendance Allowance) Regulations 1991 ;

“the Disability Living Allowance Regulations ” means the Social Security (Disability Living Allowance) Regulations 1991 .

Section 2 Amendment of regulation 6 of the Attendance Allowance Regulations

(1) Regulation 6 of the Attendance Allowance Regulations 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 8, it shall be a condition for the receipt of an attendance allowance 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 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.

Section 3 Amendment of regulation 7 of the Attendance Allowance Regulations

(1) Regulation 7 of the Attendance Allowance Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1)—

(a) for the words “paragraphs (2), (3) and (4)” there shall be substituted the words “paragraphs (2) and (3)”; and

(b) in sub-paragraphs (b) and (c) the words “or to education or training” shall be omitted.

(3) In paragraph (2) the words “or to education or training” shall be omitted.

Section 4 Amendment of regulation 8 of the Disability Living Allowance Regulations

(1) Regulation 8 of the Disability Living Allowance Regulations 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.

Section 5 Amendment of regulation 9 of the Disability Living Allowance Regulations

(1) Regulation 9 of the Disability Living Allowance Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1), for the words “paragraphs (2) to (5)” there shall be substituted the words “paragraphs (1A) to (4)”.

(3) After paragraph (1) there shall be inserted the following paragraph—

(1A) Paragraph (1)(b) and (c) shall not apply in circumstances where the cost of the accommodation is or may be borne wholly or partly out of public or local funds by virtue of—

(a) section 100 of the Education Act 1944 (grants in aid of educational services);

(b) section 1, 2 or 3 of the Education Act 1962 (which relate respectively to awards by local education authorities in respect of degree courses and further education and awards by the Secretary of State to persons undergoing teacher training or postgraduate courses);

(c) sections 131(6) or 132(7) of the Education Reform Act 1988 (which respectively relate to the payment of grants to institutions by the Universities Funding Council and the Polytechnics and Colleges Funding Council); or

(d) section 1 of the Education (Student Loans) Act 1990 (student loans).