PART 7Payability when person is residing in certain accommodation or is detained in custody
Payability exceptions: care homes and hospitals30
1
Subject to the following paragraphs, 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 section 85(2) of the Act (care home residents: costs of qualifying services borne out of public or local funds) or section 86(2) of the Act (in-patient treatment: costs of treatment, accommodation and related services borne out of public funds), 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 Secretary of State 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, or 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 health service hospital in England (within the meaning of section 27532 of the National Health Service Act 2006);
b
a hospital in Wales vested in –
i
an NHS trust;
ii
a Local Health Board; or
iii
the Welsh Ministers,
for the purpose of functions under the National Health Service (Wales) Act 200633;
c
a health service hospital in Scotland (within the meaning of section 108(1)34 of the National Health Service (Scotland) Act 1978);
d
a hospital maintained by the Defence Council; or
e
an institution similar to a hospital mentioned in any of the preceding sub-paragraphs of this paragraph.
5
Regulation 28(1) does not apply to a case where, during any period the total cost of the qualifying services35 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 charity36; or
b
on that person’s behalf by another person or a charity.
6
In this regulation —
“NHS trust” means a body established under section 18 of the National Health Service (Wales) Act 2006; and
“Local Health Board” means a body established under section 11 of that Act.
7
In the application of these Regulations to Scotland, “charity” is to be construed as if these Regulations were an enactment to which section 7 of the Charities Act 201137 (application in relation to Scotland) applied.