Social Security (Attendance Allowance) (No. 2) Regulations 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/598 |
1975 No. 598
SOCIAL SECURITY
The Social Security (Attendance Allowance) (No. 2) Regulations 197511thApril 1975
11thApril 1975
14thApril 1975
The Secretary of State for Social Services, in exercise of the powers conferred upon her by sections 35, 85(1), 105(2) and 106 of the Social Security Act 1975(a), section 2(1) of and paragraphs 3 and 7 of Schedule 3 to the Social Security (Consequential Provisions) Act 1975(b) and of all other powers enabling her in that behalf, and after consultation with the Council on Tribunals as required by section 10(1) of the Tribunals and Inquiries Act 1971(c), hereby makes the following regulations which relate only to matters which were referred to the Attendance Allowance Board for advice under section 140 of the Act first-mentioned:—
PART I
GENERAL
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Social Security (Attendance Allowance) (No. 2) Regulations 1975 and shall come into operation on 14th April 1975.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Social Security Act 1975(a);
"the Board" means the Attendance Allowance Board;
"a child" means a person who is under the age of 16;
and other expressions have the same meanings as in the Act.
(3) Reference in these regulations—
(a) to a person's father, mother, son, daughter, brother or sister shall include reference to his step-father, step-mother, step-son, step-daughter, half-brother and step-brother, or half-sister and step-sister, as the case may be, and a person shall be treated as such a relative if he is such a relative by adoption or would be such a relative if some person born illegitimate had been born legitimate;
(a) 1975 c. 14.
(b) 1975 c. 18.
(c) 1971 c. 62.
(b) to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it, with or without modification;
(c) to a numbered regulation is, unless the context otherwise requires, 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.
(4) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889(a) shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.
PART II
RESIDENCE AND PRESENCE IN GREAT BRITAIN
Entitlement conditions relating 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 the residence and presence in Great Britain in relation to any person in respect of any day shall be—
(a) that he is ordinarily resident in Great Britain; and
(b) that he is present in Great Britain; and
(c) that he has been present in Great Britain for a period of, or periods amounting in the aggregate to, not less than 26 weeks in the 12 months immediately preceding that day; and
(d) in the case of a person who is a British subject whose place of birth is not in the United Kingdom or a British protected person within the meaning of the British Nationality Act 1948(b), that he has been present in Great Britain for a period of, or periods amounting in the aggregate to, not less than 52 weeks in the period of 2 years immediately preceding that day; and
(e) in the case of a person who is neither a British subject nor a British protected person within the meaning of the British Nationality Act 1948, that he has been present in Great Britain for a period of, or periods amounting in the aggregate to, not less than 156 weeks in the period of 4 years immediately preceding that day; and
(f) in the case of a person who, in respect of a period which includes that day, receives emoluments to which regulation 10A of the Family Allowances (Qualifications) Regulations 1969(c), as amended(d) (certain persons exempt from United Kingdom income tax) applies, or the spouse, or son or daughter under the age of 16, of such a person, that he was present in Great Britain for a period of, or periods amounting in the aggregate to, 156 weeks in the period of 4 years immediately preceding the period in respect of which he first receives or received such emoluments.
(a) 1889 c. 63.
(b) 1948 c. 56.
(c) S.I. 1969/212 (1969 I, p. 543).
(d) S.I. 1970/24. 506 (1970 I, pp. 217, 1711).
(2) For the purposes of paragraph (1)(b) and (c) a person who is absent from Great Britain on any day shall be treated as being present in Great Britain—
(a) if on that day he is—
(i) a merchant seaman within the meaning of the Family Allowances (Qualifications) Regulations 1969, as amended(a); or
(ii) a member of the forces within the meaning of those regulations; or
(iii) living with such a member of the forces and is that member's spouse, son, daughter, father, father-in-law, mother or mother-in-law; or
(b) if his absence is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 6 months; or
(c) where his absence is temporary and for the specific purpose of his being treated for incapacity, or a disabling condition which commenced before he left Great Britain, during such period as the Secretary of State may allow having regard to the circumstances of the case.
(3) For the purposes of paragraph (1)(d) and (e)—
(a) a person who is absent from Great Britain on any day shall be treated as being present in Great Britain if on that day he is a person mentioned in paragraph (2)(a);
(b) a child who does not satisfy the condition which applies to him shall be treated as having satisfied it if the person who may become entitled to the allowance, in accordance with regulation 6(4), satisfies either of the conditions or is a British subject whose place of birth is in the United Kingdom.
(4) Paragraph (1)(f) shall not apply to any person, or to his spouse, or son or daughter under the age of 16, in respect of a day if, in relation to the income tax year immediately preceding the income tax year in which that day falls, he proves that the amount of his emoluments to which paragraph (1)(f) refers was less than his total income as defined in section 528 of the Income and Corporation Taxes Act 1970(b).
(5) Where attendance allowance has been payable in respect of any person for any day, the conditions set out in paragraph (1)(d) and (e) shall not apply to that person in respect of any subsequent day.
PART III
ADULTS IN HOSPITAL AND CERTAIN OTHER ACCOMMODATION
Adults in hospital
3. Subject to regulation 5, it shall be a condition for the receipt of attendance allowance for any period in respect of any person who has attained the age of 16 that during that period he is not maintained free of charge while undergoing medical or other treatment as an in-patient—
(a) in a hospital or similar institution maintained or administered under the National Health Service Acts 1946 to 1973, or the National Health Service (Scotland) Acts 1947 to 1973, or by or on behalf of the Secretary of State; or
(a) There is no amendment relevant to the subject matter of this paragraph.
(b) 1970 c. 10.
(b) in pursuance of arrangements made, or having effect as if made, by the Secretary of State, or any body in the exercise of functions on behalf of the Secretary of State under any of those Acts, in a hospital or similar institution not so maintained or administered;
and, for this purpose, a person shall only be regarded as not being maintained free of charge in a hospital or similar institution for any period if he is paying or has paid, in respect of his maintenance, charges which are designed to cover the whole cost of the accommodation or services (other than services by way of treatment) provided...
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