Part IIINon-Contributory Benefits

Attendance allowance

64Entitlement

1

A person shall be entitled to an attendance allowance if he is aged 65 or over, he is not entitled to the care component of a disability living allowance and he satisfies either—

a

the condition specified in subsection (2) below (“the day attendance condition”), or

b

the condition specified in subsection (3) below (“the night attendance condition”),

and prescribed conditions as to residence and presence in Great Britain.

2

A person satisfies the day attendance condition if he is so severely disabled physically or mentally that, by day, he requires from another person either—

a

frequent attention throughout the day in connection with his bodily functions, or

b

continual supervision throughout the day in order to avoid substantial danger to himself or others.

3

A person satisfies the night attendance condition if he is so severely disabled physically or mentally that, at night,—

a

he requires from another person prolonged or repeated attention in connection with his bodily functions, or

b

in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him.