ANNEX D

Circular SWSG5/94 5455 - Community Care: National Assistance (Assessment of Resources) (Amendment No.2) Regulations 1993: Regulations and Guidance

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
LA Part III accommodation		Not payable (except for first 4 weeks if it is already in payment before admission).
Independent sector home		Payable - where the person is able to meet the full cost of the accommodation out of their own resources without entitlement to Income Support or Housing Benefit or LA financial support (ie "self-financers").
		If not self-financing, AA/DLA (care) continues for the first 4 weeks where it is already in payment.

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).