The Social Security (Attendance Allowance) Amendment Regulations 1980

Amendment of Claims and Payments Regulations

6.—(1) After paragraph (1) of regulation 2 of the Claims and Payments Regulations there shall be inserted the following paragraph—

“(1A) The provision in paragraph (1) for the interpretation of the words “claim for benefit” shall not be taken to preclude the application of the regulations to a claim for attendance allowance expressed as an application for review of an earlier determination but which discloses no grounds on which such a determination could be reviewed.”

(2) For regulation 18 of the Claims and Payments Regulations there shall be substituted—

“Attendance allowance payable at a daily rate between periods when no allowance is payable

18.— (1) Where—

(a) an attendance allowance is payable for a period that begins immediately after one in which by reason of the application of regulation 3, 4 or 7 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975 (persons in hospital or living in specified accommodation), the allowance is not payable, and

(b) it is expected that within 13 weeks of that allowance becoming payable it will again, by reason of the application of any such regulation, cease to be payable,

that allowance shall be payable, so long as the period does not continue for more than 13 weeks, at the daily rate of 1/7th of the weekly rate and shall be paid in arrears at weekly intervals, or at such other intervals as the Secretary of State may in any case direct.

(2) In this regulation “13 weeks” means a period of 91 consecutive days.”