Payability exceptions: care homes and hospitals
30.—(1) Subject to paragraphs (2) to (5), regulation 28(1) or, as the case may be, regulation 29(1) does not apply to C in respect of the first 28 days of any period during which C is someone to whom that regulation applies.
(2) Where, on the day on which C’s entitlement to personal independence payment commences, C meets the condition in Article 90(2) or 91(2), paragraph (1) does not apply to C in respect of any period of consecutive days, beginning with that day, on which C continues to satisfy that condition.
(3) Regulation 28 or, as the case may be, regulation 29 does not apply where C is residing in a hospice and is terminally ill, and the Department has been informed that C is terminally ill—
(a)on a claim for personal independence payment;
(b)on an application for a revision or a supersession of an award of personal independence payment; or
(c)in writing in connection with an award of, a claim for, or an application for a revision or a supersession of an award of, personal independence payment.
(4) In paragraph (3) “hospice” means a hospital or other institution whose primary function is to provide palliative care for persons resident there who are suffering from a progressive disease in its final stages, other than—
(a)a hospital or similar institution under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Personal Social Services (Northern Ireland) Order 1991; or
(b)a hospital or similar institution maintained or administered by the Defence Council.
(5) Regulation 28(1) does not apply to a case where, during any period the total cost of qualifying services(1) are met—
(a)out of the resources of the person for whom the qualifying services are provided, or partly out of that person’s own resources and partly with assistance from another person or a charity; or
(b)on that person’s behalf by another person or a charity.
See Article 90(4) of the Welfare Reform (Northern Ireland) Order 2015 for the meaning of qualifying services