Part 4Personal independence payment

Entitlement and payability: further provision

I185Care home residents

1

Regulations may provide that no amount in respect of personal independence payment which is attributable to entitlement to the daily living component is payable in respect of a person for a period when the person meets the condition in subsection (2).

2

The condition is that the person is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for the person are borne out of public or local funds by virtue of a specified enactment.

3

In this section “care home” means an establishment that provides accommodation together with nursing or personal care.

4

The following are “qualifying services“ for the purposes of subsection (2)—

a

accommodation;

b

board;

c

personal care;

d

such other services as may be prescribed.

5

The reference in subsection (2) to a “specified enactment” is to an enactment which is specified for the purposes of that subsection by regulations or is of a description so specified.

6

The power to specify an enactment for the purposes of subsection (2) includes power to specify it only in relation to its application for a particular purpose.

7

In this section “enactment” includes an enactment comprised in an Act of the Scottish Parliament or in an instrument made under such an Act.