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CIRCULAR SWSG4/94 5455

ANNEX D

PAYMENT OF ATTENDANCE ALLOWANCE (AA)/DISABILITY LIVING ALLOWANCE CARE COMPONENT (DLA (CARE))

AA/DLA (care) may be paid to residents on the following basis:

TYPE OF RESIDENT

EFFECT ON AA/DLA (care)

Resident in following accommodation on 31 March 1993


LA Part III accommodation

Not payable (except for first 4 weeks if it was already in payment before admission).

Previously placed under para 2 of Schedule 8 to the NHS Act 1977

Not payable (except for the first 4 weeks if it was in payment before admission).

Independent sector home (ie residents with preserved rights)

Payable - (but not if resident receives financial help from LA; or if the home was originally owned/managed by the LA and the resident was in the accommodation when ownership/management was transferred).

Residents newly placed in following accommodation from 1 April 1993


Accommodation owned and/or managed by a local authority, or independent sector accommodation where the LA helps with the fees

Payable for first 28 days (if the person was already entitled to AA/DLA (Care) before admission to residential accommodation)

People in independent sector accommodation who do not get financial help from an LA and are not entitled to IS or HB

For as long as they satisfy the conditions of entitlement

This information is meant as a guide only and should not be seen as an authoritative statement of the law relating to the payment of AA/DLA (care)

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