PART 8Effect of time spent in care homes, hospital and legal detention
Effect of admission to a care home on ongoing entitlement to daily living component27
1
This regulation applies where an individual who has an ongoing entitlement to the daily living component of Adult Disability Payment becomes a resident of a care home.
2
Subject to paragraphs (4) and (5) and regulation 29, on the day after the day on which the individual has been resident in a care home for 28 days, and for so long as the individual continues to reside in such a home, the value of the daily living component of Adult Disability Payment that is to be given to the individual is to be £0 instead of the values set out in regulation 34 (amount and form of Adult Disability Payment).
3
The 28 days referred to in paragraph (2) may comprise two or more separate periods, provided that there is no more than 28 days between each period.
4
Paragraph (2) does not apply to a resident in a care home, where the full costs of any qualifying services are met—
a
entirely out of the resources of the individual for whom the qualifying services are provided,
b
partly out of the resources of the individual for whom the qualifying services are provided and partly out of the resources of another person (other than a local authority) or assistance from a charity, or
c
entirely out of the resources of another person (other than a local authority) or assistance from a charity.
5
For the purposes of this regulation, an individual is not resident in a care home during any period when the individual is being looked after by a local authority and—
a
has been placed temporarily in a private dwelling with a family, relative or some other suitable person while aged between 16 and 18 and receiving services under Part II of the Children (Scotland) Act 199543 by virtue of being a child in need within the meaning of section 93(4)(a)(ii) (impairment of health), or 93(4)(a)(iii) (disability) of that Act, or
b
is accommodated in a care home outside the United Kingdom, where the costs of any qualifying services are met wholly or partly by a local authority exercising its powers under section 25 of the Education (Additional Support for Learning) (Scotland) Act 2004 (attendance at establishments outwith the United Kingdom)44.
6
For the purposes of this regulation and regulation 32 (entitlement beginning while in alternative accommodation), reference to an individual being “looked after by a local authority” is to be construed, as the case may be, in accordance with—
a
section 17(6) of the Children (Scotland) Act 199545,
b
section 105(4) of the Children Act 198946, or
c
article 25 of the Children (Northern Ireland) Order 199547.