The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations (Northern Ireland) 2007

Amendment of the Attendance Allowance Regulations

2.—(1) The Attendance Allowance Regulations are amended in accordance with paragraphs (2) and (3).

(2) For regulation 7(1) (persons in certain accommodation other than hospitals) substitute—

“Persons in care homes

7.— (1) 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 resident in a care home in circumstances where any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.

(2) The specified enactments for the purposes of paragraph (1) are—

(a) Article 5, 15 or 36 of the Order(2);

(b) the Mental Health (Northern Ireland) Order 1986(3); or

(c) any other enactment relating to persons under disability.

(3) In this regulation and in regulation 8 references to the costs of any qualifying services shall not include the cost of—

(a) domiciliary services, including personal care, 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, a care home 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 care home in respect of which grants or payments are made out of public or local funds;

(e) the purchase or running of a motor vehicle to be used in connection with any qualifying service provided in a care home in respect of which grants or payments are made out of public or local funds; or

(f) health services provided pursuant to the Order.

(4) For the purposes of paragraph (1), a period during which a person is a resident in a care home in the circumstances set out in that paragraph shall, subject to paragraphs (5) and (6), be deemed—

(a) to begin on the day after the day on which he enters a care home; and

(b) to end on the day before the day on which he leaves a care home.

(5) Where a person enters a care home from a hospital or similar institution in circumstances in which regulation 6(1) applies, the period during which he is a resident in the care home shall be deemed to begin on the day he enters that care home.

(6) Where a person leaves a care home and enters a hospital or similar institution in circumstances in which regulation 6(1) applies, the period during which he is a resident in the care home shall be deemed to end on the day he leaves that care home.”.

(3) In regulation 8 (exemption from regulations 6 and 7) for paragraph (6)(4) substitute—

“(6) Regulation 7 shall not apply in any particular case for any period during which the whole costs of all of the qualifying services are met—

(a) out of the resources of the person for whom the qualifying services are provided, or partly out of his own resources and partly with assistance from another person or a charity; or

(b) on his behalf by another person or a charity.”.

(1)

Regulation 7 was amended by regulation 5(3) of S.R. 1993 No. 149, regulation 2(2)(a) of S.R. 1993 No. 165, regulation 2 of S.R. 2002 No. 31, regulation 4(2) of S.R. 2002 No. 132, regulation 2(2) of S.R. 2003 No. 397 and regulation 7 of S.R. 2005 No. 458

(2)

Article 5 was amended by Schedule 6 to the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8)), Schedule 5 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) and paragraph 3 of Schedule 1 to the Primary Medical Services (Northern Ireland) Order 2004 (S.I. 2004/311 (N.I. 2)), Article 15 was amended by Part II of Schedule 5 to the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), paragraph 2(2) of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)), section 121(2) of the Immigration and Asylum Act 1999 (c. 33) and the Schedule to the Personal Social Services (Preserved Rights) Act (Northern Ireland) 2002 (c. 5 (N.I.)) and Article 36 was amended by section 1(1) and (2) of the Health and Personal Social Services Act (Northern Ireland) 2002 (c. 9 (N.I.)) and Article 45 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9))

(3)

S.I. 1986/595 (N.I. 4)

(4)

Paragraph (6) was added by regulation 5(4)(b) of S.R. 1993 No. 149 and amended by regulation 2(5)(a) of S.R. 2000 No. 195 and regulation 2(3) of S.R. 2003 No. 397