Part III

Non-Contributory Benefits

Attendance allowance

Exclusions by regulation.
67
1
Regulations may provide that, in such circumstances, and for such purposes as may be prescribed, a person who is, or is treated under the regulations as, undergoing treatment for renal failure in a hospital or other similar institution otherwise than as an in-patient shall be deemed not to satisfy or to be unlikely to satisfy the day attendance condition or the night attendance condition, or both of them.
2
Regulations may provide that an attendance allowance shall not be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.
3
The reference in subsection (2) above to a care home is to an establishment that provides accommodation together with nursing or personal care.
4
The following are qualifying services for the purposes of subsection (2) above—
a
accommodation,
b
board, and
c
personal care.
5
The reference in subsection (2) above to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations.
6
The power to specify an enactment for the purposes of subsection (2) above includes power to specify it only in relation to its application for a particular purpose.
Pt. III (ss. 63-79) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).
Pt. III (ss. 63-79): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).
S. 67(2)-(6) substituted for s. 67(2) (8.10.2007 for specified purposes, 29.10.2007 in so far as not already in force) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 54(1), 60(1); S.R. 2007/429, art. 2(1)(c)(2)