2002 No. 1406
SOCIAL SECURITY

The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) (No. 2) Regulations 2002

Made
Laid before Parliament
Coming into force
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 67(2), 72(8) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921 and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it2, hereby makes the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) (No. 2) Regulations 2002 and shall come into force on 1st July 2002.

Amendment of the Social Security (Attendance Allowance) Regulations 19912.

In paragraph (5) of regulation 7 of the Social Security (Attendance Allowance) Regulations 19913 (persons in certain accommodation other than hospitals) after sub-paragraph (f) add—

  • “; or

    1. (a)
      nursing care provided by (or the provision of which is secured by) a local authority for which the local authority are not to charge by virtue of section 1 of the Community Care and Health (Scotland) Act 20024.”.

Amendment of the Social Security (Disability Living Allowance) Regulations 19913.

In paragraph (6) of regulation 9 (persons in certain accommodation other than hospitals) of the Social Security (Disability Living Allowance) Regulations 19915 after sub-paragraph (f) add—

  • “; or

    1. (a)

      nursing care provided by (or the provision of which is secured by) a local authority for which the local authority are not to charge by virtue of section 1 of the Community Care and Health (Scotland) Act 2002.”.

Signed by authority of the Secretary of State for Work and Pensions.

Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
(This note is not part of the Regulations)

These Regulations amend the Social Security (Attendance Allowance) Regulations 1991 (“the Attendance Allowance Regulations”) and the Social Security (Disability Living Allowance) Regulations 1991 (“the Disability Living Allowance Regulations”).

Regulations 2 and 3 respectively provide that the cost of the accommodation for the purposes of regulations 7 and 8(6) of the Attendance Allowance Regulations and regulations 9 and 10(8) of the Disability Living Allowance Regulations does not include the cost of nursing care provided by (or the provision of which is secured by) a local authority for which the local authority are not to charge by virtue of section 1 of the Community Care and Health (Scotland) Act 2002.

These Regulations do not impose a charge on business.