2002 No. 208
SOCIAL SECURITY

The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) 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) Regulations 2002 and shall come into force on 1st March 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)—

(a)

after “this regulation” insert “and in regulation 8 below”; and

(b)

after sub-paragraph (e) add—

  • “; or

    1. (a)
      services provided pursuant to the National Health Service Act 19774 or the National Health Service (Scotland) Act 19785.”.

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

(1)

The Social Security (Disability Living Allowance) Regulations 19916 shall be amended in accordance with the following paragraphs of this regulation.

(2)

In paragraph (6) of regulation 9 (persons in certain accommodation other than hospitals)—

(a)

after “this regulation” insert “and in regulation 10 below”; and

(b)

after sub-paragraph (e) add—

  • “; or

    1. (a)

      services provided pursuant to the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978.”.

(3)

In paragraph (8)(b) of regulation 10 (exemption from regulations 8 and 9) for “that accommodation” substitute “the accommodation”.

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 services provided pursuant to the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978.

These Regulations do not impose a charge on business.