Statutory Instrument 2000 No. 2313

The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) (No. 2) Regulations 2000

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" Prescribed circumstance for entitlement
     8BA. For the purposes of section 64(4) of the Social Security Contributions and Benefits Act 1992 (prescribed circumstances in which a person is to be taken to satisfy or not to satisfy the conditions mentioned in section 64(2) and (3) of that Act), a person shall not be taken to satisfy subsection (2)(a) (day attention) or (3)(a) (night attention) unless the attention the severely disabled person requires from another person is required to be given in the physical presence of the severely disabled person.".

Amendment of the Social Security (Disability Living Allowance) Regulations 1991
     3. After regulation 10B of the Social Security (Disability Living Allowance) Regulations 1991[4] (exemption from regulation 10A) there shall be inserted the following regulation - 

" Prescribed circumstance for entitlement to the care component
     10C. For the purposes of section 72(7) of the Act (prescribed circumstances in which a person is to be taken to satisfy or not to satisfy the conditions mentioned in section 72(1)(a) to (c) of that Act), a person shall not be taken to satisfy subsection (1)(a)(i) or (b)(i) (day attention) or (c)(i) (night attention) unless the attention the severely disabled person requires from another person is required to be given in the physical presence of the severely disabled person.".

A. Darling
Secretary of State for Social Security

29th August 2000

[2] See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5).back

[3] S.I. 1991/2740. Regulation 8B was inserted by S.I. 1994/1779.back

[4] S.I. 1991/2890. Regulation 10B was inserted by S.I. 1994/1779.back