Other
Section 54: Power to stop payment of allowances to care home residents
Section 54(1) replaces subsection (2) of section 67 of the Contributions and Benefits Act with new subsections (2) to (6).
New subsection (2) confers a power to make regulations providing for circumstances in which payment of attendance allowance may be withdrawn from those resident in a care home where any of the costs of any qualifying services provided in that home are borne out of public or local funds under a specified enactment.
New subsections (3) to (6) define what is meant by a “care home”, “qualifying services” and an “enactment”.
Subsection (2) replaces subsection (8) of section 72 of the Contributions and Benefits Act with new subsections (8) to (12).
New subsections (8) to (12) confer power to provide by regulations for circumstances in which payment of the care component of disability living allowance may be withdrawn from those resident in a care home.
Section 55: Medical examinations
Section 55 allows the Department and the eligible member of an appeal tribunal to refer a person to a health care professional for medical examination and report, rather than only allowing a referral to a medical practitioner. Such a reference can be made where considered necessary for the purpose of providing the Department with information for use in making a decision on entitlement to benefit or to aid the appeal tribunal’s determination of an appeal and allows the eligible member of an appeal tribunal to specify the description of health care professional to whom a person is to be referred.
