The Social Security (Attendance Allowance) Amendment Regulations 1992

• Citation: S.I. 1992/703
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Attendance Allowance) Amendment Regulations 1992 and shall come into force on 6th April 1992.

(2) In these Regulations “the Attendance Allowance Regulations ” means the Social Security (Attendance Allowance) Regulations 1991 .

Section 2 Amendment of regulation 4 of the Attendance Allowance Regulations

In regulation 4 of the Attendance Allowance Regulations (allowance payable before the date of claim in renewal cases)–

(a) in paragraph (a), the words “or the care component of a disability living allowance” shall be omitted;

(b) in paragraph (b), for the word “either” there shall be substituted the word “the”; and

(c) for the words “an attendance allowance may be paid” to the end of the regulation there shall be substituted the words “that person shall be entitled to an attendance allowance for a period starting on the day after the date on which the period referred to in paragraph (b) has ended and ending with the date of claim if the claimant has satisfied the condition mentioned in paragraph (a) of subsection (1) of section 35 of the Act or the condition mentioned in paragraph (b) of that subsection or both those conditions throughout that period.”.

Section 3 Amendment of regulation 6 of the Attendance Allowance Regulations

In regulation 6 of the Attendance Allowance Regulations (hospitalisation), inparagraph (3)–

(a) at the end of the definition of “National Health Service trust” there shall be added the words “and section 12A of the NHS Act of 1978”; and

(b) at the end of the definition of “recognised fund-holding practice” there shall be added the words “and section 87A of the NHS Act of 1978”.

Section 4 Amendment of regulation 7 of the Attendance Allowance Regulations

In regulation 7 of the Attendance Allowance Regulations (persons in certain accommodation other than hospitals), at the beginning of paragraph (2), there shall be inserted the words “Paragraph (1)(b), in so far as it relates to enactments relating to persons under disability or to education or training not referred to in paragraph (1)(a), and”.

Section 5 Amendment of regulation 8 of the Attendance Allowance Regulations

In regulation 8 of the Attendance Allowance Regulations (exemption from regulations 6 and 7), for paragraph (1) there shall be substituted the following paragraph–

(1) Regulation 6, or as the case may be, regulation 7, shall not, subject to paragraph (3), apply to a person in respect of the first 28 days of any period during which he–

(a) is undergoing medical or other treatment in a hospital or other institution in any of the circumstances mentioned in regulation 6; or

(b) would, but for this regulation, be prevented from receiving an attendance allowance by reason of regulation 7(1).