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

Hospitalisation

8.—(1) Subject to regulation 10, it shall be a condition for the receipt of 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 maintained or administered under the Order;

(b) in pursuance of arrangements made, or having effect as if made, by a Health and Social Services Board established under Article 16 of the Order, the Secretary of State or the Defence Council, in a hospital or similar institution;

(c) in a hospital or similar institution maintained or administered by the Defence Council or a Health and Social Services trust; or

(d) in a hospital or similar institution in pursuance of arrangements made by a member of a recognised fund-holding practice.

(2) For the purposes of paragraph (1) a person shall only be regarded as not being maintained free of charge in a hospital or similar institution during any period when his accommodation and services are provided under Article 31 of the Order(1) or paragraph 14 of Schedule 3 to the 1991 Order.

(3) In this regulation—

• “Health and Social Services trust” has the meaning assigned to it by Article 10 of the 1991 Order;

• “recognised fund-holding practice” means a practice to be construed in accordance with Article 17 of the 1991 Order.

(1)

Article 31 was substituted by Article 3(9) of the Health and Medicines (Northern Ireland) Order 1988 (S.I. 1988/2249 (N.I. 24))