Social Security Contributions and Benefits Act 1992

Attendance allowance

64Entitlement

(1)A person shall be entitled to an attendance allowance if he is aged 65 or over, he is not entitled to the care component of a disability living allowance and he satisfies either—

(a)the condition specified in subsection (2) below (“the day attendance condition”), or

(b)the condition specified in subsection (3) below (“the night attendance condition”),

and prescribed conditions as to residence and presence in Great Britain.

(2)A person satisfies the day attendance condition if he is so severely disabled physically or mentally that, by day, he requires from another person either—

(a)frequent attention throughout the day in connection with his bodily functions, or

(b)continual supervision throughout the day in order to avoid substantial danger to himself or others.

(3)A person satisfies the night attendance condition if he is so severely disabled physically or mentally that, at night,—

(a)he requires from another person prolonged or repeated attention in connection with his bodily functions, or

(b)in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him.

65Period and rate of allowance

(1)Subject to the following provisions of this Act, the period for which a person is entitled to an attendance allowance shall be—

(a)a period throughout which he has satisfied or is likely to satisfy the day or the night attendance condition or both; and

(b)a period preceded immediately, or within such period as may be prescribed, by one of not less than 6 months throughout which he satisfied, or is likely to satisfy, one or both of those conditions.

(2)For the purposes of subsection (1) above a person who suffers from renal failure and is undergoing such form of treatment as may be prescribed shall, in such circumstances as may be prescribed, be deemed to satisfy or to be likely to satisfy the day or the night attendance condition or both.

(3)The weekly rate of the attendance allowance payable to a person for any period shall be the higher rate specified in Schedule 4, Part III, paragraph 1, if both as regards that period and as regards the period of 6 months mentioned in subsection (1)(b) above he has satisfied or is likely to satisfy both the day and the night attendance conditions, and shall be the lower rate in any other case.

(4)A person shall not be entitled to an attendance allowance for any period preceding the date on which he makes or is treated as making a claim for it.

(5)Notwithstanding anything in subsection (4) above, provision may be made by regulations for a person to be entitled to an attendance allowance for a period preceding the date on which he makes or is treated as making a claim for it if such an allowance has previously been paid to or in respect of him.

(6)Except in so far as regulations otherwise provide and subject to section 66(1) below—

(a)a claim for an attendance allowance may be made during the period of 6 months immediately preceding the period for which the person to whom the claim relates is entitled to the allowance; and

(b)an award may be made in pursuance of a claim so made, subject to the condition that, throughout that period of 6 months, that person satisfies—

(i)both the day and the night attendance conditions, or

(ii)if the award is at the lower rate, one of those conditions.

66Attendance allowance for the terminally ill

(1)If a terminally ill person makes a claim expressly on the ground that he is such a person, then—

(a)he shall be taken—

(i)to satisfy, or to be likely to satisfy, both the day attendance condition and the night attendance condition for the remainder of his life, beginning with the date of the claim or, if later, the first date on which he is terminally ill; and

(ii)to have satisfied those conditions for the period of 6 months immediately preceding that date (so however that no allowance shall be payable by virtue of this sub-paragraph for any period preceding that date); and

(b)the period for which he is entitled to attendance allowance shall be the remainder of the person’s life, beginning with that date.

(2)For the purposes of subsection (1) above—

(a)a person is “terminally ill” at any time if at that time he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months; and

(b)where a person purports to make a claim for an attendance allowance by virtue of that subsection on behalf of another, that other shall be regarded as making the claim, notwithstanding that it is made without his knowledge or authority.

67Exclusions by regulation

(1)Regulations may provide that, in such circumstances, and for such purposes as may be prescribed, a person who is, or is treated under the regulations as, undergoing treatment for renal failure in a hospital or other similar institution otherwise than as an in-patient shall be deemed not to satisfy or to be unlikely to satisfy the day attendance condition or the night attendance condition, or both of them.

(2)Regulations may provide that an attendance allowance shall not be payable in respect of a person for any period when he is a person for whom accommodation is provided—

(a)in pursuance—

(i)of Part III of the [1948 c. 29.] National Assistance Act 1948; or

(ii)of paragraph 2 of Schedule 8 to the [1977 c. 49.] National Health Service Act 1977; or

(iii)of Part IV of the [1968 c. 49.] Social Work (Scotland) Act 1968; or

(iv)of section 7 of the [1984 c. 36.] Mental Health (Scotland) Act 1984; or

(b)in circumstances in which the cost is, or may be, borne wholly or partly out of public or local funds, in pursuance of those enactments or of any other enactment relating to persons under disability.