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 1975 and 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 Board, hereby makes the following Regulations:

Citation, commencement and interpretation

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• (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 Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987;

...

“the NHS Act of 1978” means the National Health Service (Scotland) Act 1978 ;

“ the NHS Act of 2006” means the National Health Service Act 2006;

“the NHS (Wales) Act of 2006” means the National Health Service (Wales) Act 2006

“the residence change date”, in relation to a person, means the date on which the person becomes permanently resident in Scotland (whether or not the Secretary of State is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);

...

“terminally ill” shall be construed in accordance with section 35(2C) of the Act .

• (2A) In these Regulations, “the run-on period”, in relation to a person, is the period—

• (a) beginning with the residence change date, and

• (b) ending at the end of the day preceding the first pay day following the end of the relevant period (irrespective of whether or not the person’s attendance allowance is payable in that particular week).

• (2B) For the purposes of paragraph (2A)—

• (a) “pay day” means the day of the week on which the person’s attendance allowance is payable in accordance with paragraph 1 of Schedule 6 to the Claims and Payments Regulations;

• (b) “the relevant period” means the period of 13 weeks beginning with the residence change date.

• (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

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• (1) Subject to the following provisions of this regulation and regulations 2A, 2B , 2C, 2D and 2E, 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) on that day–

• (i) he is habitually resident in the United Kingdom, the Republic of Ireland, the Isle of Man or the Channel Islands, and

• (ib) he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to attendance allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and

• (ii) he is present in England and Wales, and

• (iii) he has been present in Great Britain for a period of, or for periods amounting in the aggregate to, not less than 104 weeks in the 156 weeks immediately preceding that day; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1ZA) A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 the relevant area if his absence is by reason only of the fact that on that day–

• (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 111 and 115 respectively of the Social Security (Contributions) Regulations 2001,

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) he is in employment prescribed for the purposes of section 132 of the Act in connection with continental shelf operations ; or

• (c) he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; or

• (d) he is temporarily absent from Great Britain and that absence has not lasted for a continuous period exceeding 13 weeks.

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

• (3A) A person shall be treated as habitually resident in Great Britain for the purpose of paragraph (1)(a)(i) where—

• (a) he is resident outside Great Britain in his capacity as a serving member of the forces and for this purpose “serving member of the forces” has the meaning given in regulation 1(2) of the Social Security (Contributions) Regulations 2001; or

• (b) he is living with a person mentioned in paragraph (a) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person.

• (3B) Where a person is temporarily absent from Great Britain, he is treated as present in the relevant area for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—

• (a) this absence is solely in connection with arrangements made for the medical treatment of him for a disease or bodily or mental disablement which commenced before he left Great Britain; and

• (b) the arrangements referred to in sub-paragraph (a) relate to medical treatment–

• (i) outside Great Britain,

• (ii) during the period whilst he is temporarily absent from Great Britain, and

• (iii) by, or under the supervision of, a person appropriately qualified to carry out that treatment, and

• “medical treatment” means medical, surgical or rehabilitative treatment (including any course or diet or regimen), and references to a person receiving or submitting to medical treatment are to be construed accordingly.

• (3BA) In this regulation, “the relevant area” means—

• (a) for the purposes of paragraph (1)(a)(ii), England and Wales;

• (b) for the purposes of paragraph (1)(a)(iii), Great Britain.

• (3C) For the purpose of paragraph (2)(d) , (3B) and (3D) , (3B) and (3F) a person is “temporarily absent” if, at the beginning of the period of absence, that absence is unlikely to exceed 52 weeks.

• (3CA) Where a person is required for the purposes of paragraph (1)(a)(ii) to be present in England and Wales, even though the person is absent from England and Wales on any day, the person is to be treated as though they were present in England and Wales on that day if—

• (a) the person’s absence on that day is by reason only of the fact that they are temporarily absent from England and Wales, and

• (b) the person is present in Scotland.

• (3D) Where a person is temporarily absent from Great Britain, he is treated as present in the relevant area for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—

• (a) that person was present in a country or territory outside Great Britain immediately before His Majesty’s Government—

• (i) provided public information to advise British nationals to leave that country or territory, or

• (ii) arranged the evacuation of British nationals from that country or territory;

• (b) the Secretary of State is satisfied that it would be unreasonable to expect the person to return, or to have returned, to Great Britain; and

• (c) the person did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory.

• (3E) Where a person is temporarily absent from Great Britain in the circumstances specified in paragraphs (2)(d), (3B) or (3D), the total period of an absence where the person is treated as present in the relevant area will not exceed 26 weeks.

• (3F) Where a person is temporarily absent from Great Britain, they are treated as present in the relevant area for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—

• (a) that person was present in a country or territory outside Great Britain immediately before His Majesty’s Government—

• (i) provided public information to advise British nationals to leave that country or territory, or

• (ii) arranged the evacuation of British nationals from that country or territory,

• (b) the Scottish Ministers are satisfied that it would be unreasonable to expect the person to return, or to have returned, to Great Britain, and

• (c) the person did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory.

• (3G) Where a person is temporarily absent from Great Britain in the circumstances specified in paragraphs (2)(d), (3B) or (3F), the total period of an absence where the person is treated as present in the relevant area will not exceed 26 weeks.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of qualifying period

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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

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Renal dialysis

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• (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) in section 35(1)(a) of the Act (severe physical and mental disability) if he undergoes renal dialysis by day;

• (b) in section 35(1)(b) of the Act if he undergoes renal dialysis by night;

• (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) two or more times a week; and

• (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) is provided under the NHS Act of 1978, the NHS Act of 2006 or the NHS (Wales) Act of 2006;

• (b) is in a hospital or similar institution;

• (c) is out-patient treatment; and

• (d) takes place with the assistance or supervision of any member of staff of the hospital or similar institution.

• (4) Paragraph (3) does not apply for the purposes of determining whether a person is to be taken to satisfy either of the conditions specified in paragraph (1) during the period of 6 months referred to in section 35(2)(b) of the 1975 Act (qualifying period for attendance allowance).

Hospitalisation

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• (1) Subject to regulation 8, it shall be a condition for the receipt of an attendance allowance for any period in respect of any person 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 under the NHS Act of 1978, the NHS Act of 2006 or the NHS (Wales) Act of 2006 ; or

• (b) in a hospital or similar institution maintained or administered by the Defence Council.

• (2) For the purposes of paragraph (1)(a), a person shall only be regarded as not being maintained free of charge in a hospital or similar institution for any period where his accommodation and services are provided under

• (a) section 57 of, and paragraph 14 of Schedule 7A to, the NHS Act of 1978;

• (b) section 13 of, and paragraph 15 of Schedule 2 to, the NHS Act of 2006;

• (c) section 28 of, and paragraph 11 of Schedule 6 to, the NHS Act of 2006;

• (d) section 44(6) of, and paragraph 19(1) of Schedule 4 to, the NHS Act of 2006;

• (e) section 11 of, and paragraph 15 of Schedule 2 to, the NHS (Wales) Act of 2006;

• (f) section 18 of, and paragraph 19(1) of Schedule 3 to, the NHS (Wales) Act of 2006; or

• (g) section 22 of, and paragraph 11 of Schedule 5 to, the NHS (Wales) Act of 2006.

• (2A) For the purposes of paragraph (1), a period during which a person is maintained free of charge while undergoing medical or other treatment as an in-patient shall be deemed to begin on the day after the day on which he enters a hospital or similar institution referred to in that paragraph and to end on the day before the day on which he leaves such a hospital or similar institution.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons in certain accommodation other than hospitals

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• (1) Subject to regulation 8, a person shall not be paid any amount in respect of an attendance allowance for any period where throughout that period he is a resident in a care home in circumstances where any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.

• (2) The specified enactments for the purposes of paragraph (1) are—

• (a)

• (i) Part III of the National Assistance Act 1948,

• (ii) sections 59 and 59A of the Social Work (Scotland) Act 1968,

• (iii) the Mental Health (Care and Treatment) (Scotland) Act 2003,

• (iv) the Community Care and Health (Scotland) Act 2002,

• (v) the Mental Health Act 1983, ...

• (vi) section 57 of the Health and Social Care Act 2001, ...

• (vii) Part 1 of the Care Act 2014 (care and support), ...

• (viii) Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs), or

• (b) any other enactment relating to persons under disability.

• (3) In this regulation, and in regulation 8, references to the costs of any qualifying services shall not include the cost of—

• (a) domiciliary services, including personal care, provided in respect of a person in a private dwelling; or

• (b) improvements made to, or furniture or equipment provided for, a private dwelling on account of the needs of a person under disability; or

• (c) improvements made to, or furniture or equipment provided for, a care home in respect of which a grant or payment has been made out of public or local funds except where the grant or payment is of a regular or repeated nature; or

• (d) social and recreational activities provided outside the care home in respect of which grants or payments are made out of public or local funds; or

• (e) the purchase or running of a motor vehicle to be used in connection with any qualifying service provided in a care home in respect of which grants or payments are made out of public or local funds; or

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For the purposes of paragraph (1), a period during which a person is a resident in a care home in the circumstances set out in that paragraph shall, subject to paragraphs (5) and (6), be deemed—

• (a) to begin on the day after the day on which he enters a care home, and

• (b) to end on the day before the day on which he leaves a care home.

• (5) Where a person enters a care home from a hospital or similar institution in circumstances in which paragraph (1) of regulation 6 applies, the period during which he is a resident in the care home shall be deemed to begin on the day he enters that care home.

• (6) Where a person leaves a care home and enters a hospital or similar institution in circumstances in which paragraph (1) of regulation 6 applies, the period during which he is a resident in the care home shall be deemed to end on the day he leaves that care home.

Exemption from regulations 6 and 7

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• (1) Regulation 6, or as the case may be, regulation 7, shall not, subject to the following provisions of this regulation, apply to a person in respect of the first 28 days of any period during which he–

• (a) is undergoing medical or other treatment in a hospital or other institution in any of the circumstances mentioned in regulation 6; or

• (b) would, but for this regulation, be prevented from receiving an attendance allowance by reason of regulation 7(1).

• (2) For the purposes of paragraph (1)–