The Social Security (Disability Living Allowance and Claims and Payments) Amendment Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Disability Living Allowance) Regulations 1991. They insert a new regulation 12A in those Regulations so as to provide that it is a condition for the receipt of the mobility component of disability living allowance that a person is not being maintained free of charge while undergoing medical or other treatment as an in-patient in a hospital or similar institution under the National Health Service or maintained by the Defence Council.

A new regulation 12B provides for exemptions from regulation 12A for the first 28 days (84 days in the case of someone under 16 years of age) of free in-patient treatment. It also makes special provision for certain cases where a person in receipt of the mobility component has been an in-patient whilst receiving the mobility component for 365 days or more before these Regulations come into force. Exemptions are also provided in certain cases where the patient has a Motability agreement for the provision of a vehicle or wheelchair. The exemption will not continue where any subsequent agreement is entered into whilst the patient is still in hospital, unless such an agreement is an agreement made under the scheme run by Motability for wheelchairs.

A new regulation 12C provides for benefit to be adjusted in certain cases where regulation 12B applies.

A consequential amendment is made to the Social Security (Claims and Payments) Regulations 1987.

The report of the Social Security Advisory Committee on the proposals to make these Regulations is contained in Command Paper Cm. 3233, published by Her Majesty’s Stationery Office.

These Regulations do not impose any costs on business.