The Social Security (Personal Independence Payment) Regulations 2013

Care home residents

28.—(1) Subject to paragraph (3) and regulation 30, no amount of personal independence payment which is attributable to the daily living component is payable in respect of C for any period during which C meets the condition in section 85(2) of the Act (care home residents: costs of qualifying services borne out of public or local funds).

(2) For the purpose of section 85(2) of the Act the specified enactments are —

(a)Part 3 of the National Assistance Act 1948(1) (Local Authority Services);

(b)sections 59 and 59A of the Social Work (Scotland) Act 1968(2) (provision of residential and other establishments by local authorities and maximum period for repayment of sums borrowed for such provision and grants in respect of secure accommodation for children respectively);

(c)the Mental Health Act 1983(3);

(d)the Community Care and Health (Scotland) Act 2002(4);

(e)the Mental Health (Care and Treatment) (Scotland) Act 2003(5); or

(f)any other enactment relating to persons under a disability or to young persons or to education or training except —

(i)section 485 of the Education Act 1996(6) (grants in aid of educational services or research);

(ii)section 14 of the Education Act 2002(7) (power of Secretary of State or National Assembly for Wales to give financial assistance for purposes related to education or children etc.);

(iii)section 49 of the Education (Scotland) Act 1980(8) (power of education authorities to assist persons to take advantage of educational facilities) or section 73 of that Act (power of Scottish Ministers to make grants to education authorities and others)(9);

(iv)section 65 of the Further and Higher Education Act 1992(10) (administration of funds by councils);

(v)section 4 of the Further and Higher Education (Scotland) Act 2005(11) (general duty of Scottish Ministers to provide support for funding of higher education) or section 11 of that Act (administration of funds); and

(vi)section 22 of the Teaching and Higher Education Act 1998(12) (new arrangements for giving financial support to students).

(3) Subject to paragraph (4), paragraph (1) does not apply in the case of C, where C is a person -

(a)who has not reached the age of 18 and to whom –

(i)section 17(10)(b) of the Children Act 1989(13) (provision of services for children in need: impaired health and development) or section 93(4)(a)(ii) of the Children (Scotland) Act 1995(14) (interpretation: children in need of care and attention due to impaired health and development) applies because C’s health is likely to be significantly impaired, or further impaired, without the provision of services for C; or

(ii)section 17(10)(c) of the Children Act 1989 (provision of services for children in need: disability) or section 93(4)(a)(iii) of the Children (Scotland) Act 1995 (interpretation: children in need of care and attention due to disability) applies; or

(b)who is accommodated outside the United Kingdom if the costs of any qualifying services are borne wholly or partly by a local authority pursuant to their powers under section 320 of the Education Act 1996(15) (provision outside England and Wales for certain children) or section 25 of the Education (Additional Support for Learning) (Scotland) Act 2004(16) (attendance at establishments outwith the United Kingdom).

(4) Paragraph (3)(a) only applies during any period in which the local authority looking after C places C in a private dwelling with a family, or with a relative of C, or with some other suitable person.