Social Security (Attendance Allowance) Regulations 1991
| Year | 1991 |
1991 No. 2740
SOCIAL SECURITY
The Social Security (Attendance Allowance) Regulations 1991
Made 5th December 1991
Laid before Parliament 5th December 1991
Coming into force 6th April 1992
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 35(1), (2)(b), (2A), (4A) and (6), 85(1)(b) and 166(2) and (3) of, and Schedule 20 to, the Social Security Act 19751and of all other powers enabling him in that behalf, by this instrument, which contains regulations which relate to matters which, in accordance with section 140 of that Act, have been referred to the Attendance Allowance Board2, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Attendance Allowance) Regulations 1991 and shall come into force on 6th April 1992.
(2) In these Regulations–
“the Act” means the Social Security Act 1975;
“the NHS Act of 1977” means the National Health Service Act 19773;
“the NHS Act of 1978” means the National Health Service (Scotland) Act 19784;
“the NHS Act of 1990” means the National Health Service and Community Care Act 19905;
“terminally ill” shall be construed in accordance with section 35(2C) of the Act6.
(3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
Conditions as to residence and presence in Great Britain
2.—(1) Subject to the following provisions of this regulation, the prescribed conditions for the purposes of section 35(1) of the Act as to residence and presence in Great Britain in relation to any person on any day shall be that–
(a)
(a) on that day–
(i) he is ordinarily resident in Great Britain, and
(ii) he is present in Great Britain, and
(iii) he has been present in Great Britain for a period of, or for periods amounting in the aggregate to, not less than 26 weeks in the 52 weeks immediately preceding that day; and
(b)
(b) where that day falls within a period in which that person–
(i) receives tax free emoluments, or
(ii) is the spouse of a person who receives tax free emoluments,
that period is immediately preceded by a period of 4 years during which the person first mentioned in this sub-paragraph was present in Great Britain for not less than 156 weeks in aggregate.
(2) For the purposes of paragraph (1)(a)(ii) and (iii), notwithstanding that on any day a person is absent from Great Britain, he shall be treated as though he were present in Great Britain if his absence is by reason only of the fact that on that day–
(a)
(a) he is abroad in his capacity as–
(i) a serving member of the forces,
(ii) an airman or mariner within the meaning of regulations 81 and 86 respectively of the Social Security (Contributions) Regulations 19797,
and for the purpose of this provision, the expression “serving members of the forces” has the same meaning as in regulation 1(2) of the Regulations of 1979; or
(b)
(b) he is in employment prescribed for the purposes of section 132 of the Act in connection with continental shelf operations8; or
(c)
(c) he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; or
(d)
(d) his absence from Great Britain is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 26 weeks; or
(e)
(e) his absence from Great Britain is temporary and for the specific purpose of his being treated for incapacity, or a disabling condition, which commenced before he left Great Britain, and the Secretary of State has certified that it is consistent with the proper administration of the Act that, subject to the satisfaction of the foregoing condition in this sub-paragraph, he should be treated as though he were present in Great Britain.
(3) Where a person is terminally ill and makes a claim for attendance allowance expressly on the ground that he is such a person, paragraph (1) shall apply to him as if head (iii) of sub-paragraph (a) was omitted.
(4) In paragraph (1)(b), the expression “tax free emoluments” means emoluments which are exempt from tax under any of the provisions listed in paragraph (1) ofregulation 9 of the Child Benefit (General) Regulations 19769.
Extension of qualifying period
3. The period prescribed for the purposes of section 35(2)(b) of the Act (claimant to satisfy one or both of the conditions in section 35(1) of the Act for 6 months immediately preceding the date from which attendance allowance is to be awarded) shall be 2 years.
Allowance payable before the date of claim in renewal cases
4. Where–
(a) a person has been entitled to an attendance allowance or the care component of a disability living allowance; and
(b) the period for which either allowance has been paid has ended; and
(c) a claim for an attendance allowance has been made or treated as made within 6 months from the end of the period referred to in paragraph (b),
an attendance allowance may be paid before the date of claim if the claimant has satisfied the condition mentioned in paragraph (a) of subsection (1) of section 35 of the Act or the condition mentioned in paragraph (b) of that subsection or both of those conditions from the date on which the period referred to in paragraph (b) has ended until the date of claim.
Renal dialysis
5.—(1) Subject to paragraph (3), a person who suffers from renal failure and who is undergoing the treatment specified in paragraph (2) shall be deemed to satisfy the conditions–
(a)
(a) in section 35(1)(a) of the Act (severe physical and mental disability) if he undergoes renal dialysis by day;
(b)
(b) in section 35(1)(b) of the Act if he undergoes renal dialysis by night;
(c)
(c) in either paragraph (a) or paragraph (b) of section 35(1) of the Act, but not both, if he undergoes renal dialysis by day and by night.
(2) The treatment referred to in paragraph (1) is the undergoing of renal dialysis–
(a)
(a) two or more times a week; and
(b)
(b) which either–
(i) is of a type which normally requires the attendance of or supervision by another person during the period of dialysis, or
(ii) which, because of the particular circumstances of his case, in fact requires another person, during the period of dialysis, to attend in connection with the bodily functions of the person undergoing renal dialysis or to supervise that person in order that he avoids substantial danger to himself.
(3) Except as provided in paragraph (4), paragraph (1) does not apply to a person undergoing the treatment specified in paragraph (2) where the treatment–
(a)
(a) is provided under the NHS Act of 1977 or the NHS Act of 1978;
(b)
(b) is in a hospital or similar institution;
(c)
(c) is out-patient treatment; and
(d)
(d) takes place with the assistance or...
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