Persons in certain accommodation other than hospitals
7.—(1) Except in the cases specified in paragraphs (2), (3) and (4) and subject to regulation 8, a person shall not be paid any amount in respect of an attendance allowance for any period where throughout that period he is a person for whom accommodation, not being accommodation to which regulation 6 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
(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.
(2) Paragraph (1)(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 an attendance allowance;
(b)on an application for a review of an award of attendance allowance; or
(c)in writing in connection with an award of, a claim for, or an application for a review of an award of, attendance allowance.
(3) Paragraph (1)(c) shall also not apply—
(a)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(2) (duties of the Executive to persons found to be homeless);
(b)where the person himself pays the whole cost, and always has paid the whole cost, of the accommodation; or
(c)except in a case to which paragraph (4) applies, where the accommodation the person is living in is a private dwelling.
(4) 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(3).
(5) 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.
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))
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