The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992

Persons in certain accommodation other than hospitals

9.—(1) Except in the cases specified in paragraphs (2) and (4) and, for the purposes of sub-paragraph (b), paragraph (5), and for the purposes of sub-paragraph (c), paragraphs (5) to (7), and subject to regulation 10, a person shall not be paid any amount in respect of disability living allowance which is attributable to entitlement to the care component for any period where throughout that period he is a person for whom accommodation, not being accommodation to which regulation 8 refers, is provided—

(a) in pursuance of Article 5, 7, 15 or 36 of the Order(1);

(b) in circumstances where the cost of the accommodation is borne wholly or partly out of public or local funds in pursuance of that enactment or of any other enactment relating to persons under disability or to young persons or to education or training; or

(c) in circumstances where the cost of the accommodation may be borne wholly or partly out of public or local funds in pursuance of that enactment or of any other enactment relating to persons under disability or to young persons or to education or training.

(2) Paragraph (1) shall not apply in the case of a child—

(a) who has not attained the age of 16 and is in the care of a Health and Social Services Board or the Department; or

(b) who has not attained the age of 18 and—

(i) whose health or development is likely to be significantly impaired, or further impaired, without the provision for him of services by a Health and Social Services Board or the Department, or

(ii) who is disabled,

during any period during which the Health and Social Services Board or the Department, in whose care the child is, place him in a private dwelling with a family, or a relative of his, or some other suitable person.

(3) For the purposes of paragraph (2), a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity and in this regulation—

“development” means physical, intellectual, emotional, social or behavioural development; and

“health” means physical or mental health.

(4) Paragraph (1) shall also not apply in the case of a child who is accommodated outside the United Kingdom where the cost of the accommodation is or may be borne wholly or partly by a Health and Social Services Board or the Department pursuant to their powers under Article 31(3) of the Education and Libraries (Northern Ireland) Order 1986(2).

(5) Paragraph (1)(b) and (c) shall not apply in the case of a person who is terminally ill, where the Department has been informed of that fact—

(a) on a claim for the care component;

(b) on an application for a review of an award of disability living allowance; or

(c) in writing in connection with an award of, a claim for, or an application for a review of an award of, disability living allowance.

(6) Paragraph (1)(c) shall also not apply—

(a) where the person is living in accommodation as a privately fostered child;

(b) where he is a person for whom accommodation is made available for his occupation in accordance with Article 10 of the Housing (Northern Ireland) Order 1988(3) (duties of the Executive to persons found to be homeless);

(c) where the person himself pays the whole cost, and has always paid the whole cost, of the accommodation; or

(d) except in a case to which paragraph (7) applies, where the accommodation the person is living in is a private dwelling.

and for the purposes of this paragraph “privately fostered child” shall be construed in accordance with the provisions of Part I of the 1968 Act(4).

(7) This paragraph applies where—

(a) the cost of the accommodation the person previously occupied was borne in whole or in part out of public or local funds and where he was moved out of that accommodation at the instigation of the body which bore the cost into a home for persons in need; or

(b) the person is living in a home for persons in need and at least 3 other persons in that home are provided with board and personal care, excluding persons carrying on the home or employed there or their relatives,

and for the purposes of this paragraph “home for persons in need” has the same meaning as in Article 2(2) of the Order(5).

(8) In this regulation, references to the cost of the accommodation shall not include the cost of—

(a) domiciliary services provided in respect of a person in a private dwelling;

(b) improvements made to, or furniture or equipment provided for, a private dwelling on account of the needs of a person under disability;

(c) improvements made to, or furniture or equipment provided for, residential homes or other homes or premises in respect of which a grant or payment has been made out of public or local funds except where the grant or payment is of a regular or repeated nature;

(d) social and recreational activities provided outside the accommodation in respect of which grants or payments are made out of public or local funds; or

(e) the purchase or running of a motor vehicle to be used in connection with the accommodation in respect of which grants or payments are made out of public or local funds.

(1)

Article 36 was amended by Article 11(2) of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26))

(2)

S.I. 1986/594 (N.I. 3)

(3)

S.I. 1988/1990 (N.I. 23)

(4)

Part I was amended by Part II of Schedule 6 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), Schedule 5 to the Insurance Companies Act 1982 (c. 50) and Schedule 4 to, and Part II of Schedule 5 to, the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))

(5)

In Article 2(2), the definition of “home for persons in need” was amended by Schedule 2 to the Health and Personal Social Services (Northern Ireland) Order 1978