The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Disability Living Allowance) Regulations 1991 (S.I. 1991/2890) and the Social Security (Attendance Allowance) Regulations 1991 (S.I. 1991/2740).

The principal effects of the amendments are—

(1) to make separate provision in respect of the payability of both attendance allowance and the care component of a disability living allowance in the case of a person who was ordinarily resident (or would have been so resident but for a period of temporary absence) in a residential care home on 31st March 1993 which was not registered under the Registered Homes Act 1984 on that date and did not need to be registered on 1st April 1993 because all of the people resident there were, or were treated by virtue of section 19 of the 1984 Act as being, relatives of the proprietor; and who is either still resident there at the coming into force of these Regulations, or has been continuously resident (disregarding temporary absences) in residential accommodation since 1st April 1993;

(2) to require any payment of either attendance allowance or the care component of a disability living allowance to be adjusted in respect of any payment made under either article 25B of the Personal Injuries (Civilians) Scheme 1983 (S.I. 1983/686) (“article 25B”) or article 26 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883) (“article 26”) when he is provided with nursing care and ancillary accommodation and his medical expenses are being wholly met by the Secretary of State under article 25B or article 26; and

(3) to require adjudicating authorities to have regard to the extent to which a person’s deafness is relieved by the use of a hearing aid when deciding whether they are entitled to the mobility component of a disability living allowance by reason of being both blind and deaf.

The Regulations also make other consequential and minor amendments.

These Regulations do not impose a charge on business.