PART 7Payability when person is residing in certain accommodation or is detained in custody

Hospital in-patients29

1

Subject to regulation 30, no amount of personal independence payment which is attributable to either component is payable in respect of C for any period during which C meets the condition in section 86(2) of the Act (in-patient treatment: costs of treatment, accommodation and related services borne out of public funds).

2

For the purposes of section 86(3) of the Act, the costs of treatment, accommodation or any related services are borne out of public funds if C is undergoing medical or other treatment as an in-patient in —

a

a hospital or similar institution under –

i

the National Health Service Act 200629;

ii

the National Health Service (Wales) Act 200630; or

iii

the National Health Service (Scotland) Act 197831; or

b

a hospital or similar institution maintained or administered by the Defence Council.