
1 

(1) These regulations may be cited as the
Social Security (Attendance Allowance) Amendment Regulations 1980 and shall
come into operation on 25th August 1980.
(2) In these regulations—
 “the principal regulations”
 means the 
Social Security (Attendance Allowance) (No. 2) Regulations 1975, and
 “the Claims and Payments Regulations”
 means the 
Social Security (Claims and Payments) Regulations 1979.
2 

(1) For paragraph
(a) of regulation 3 of the principal regulations
(adults in hospital) there shall be substituted the following—“
(a) in a health service
hospital, within the meaning of the National
Health Service Act 1977 or the 
National Health Service (Scotland) Act 1978,
or other hospital or similar institution maintained or administered by or
on behalf of the Secretary of State or the Defence Council; or”
(2) In paragraph
(b) of that regulation for the words after 
“under” there shall be substituted—“
either of those Acts, in a hospital or similar
institution other than one to which paragraph
(a) applies;
”
3 
After paragraph (1) of regulation
5A of the principal regulations (qualifying
period for entitlement after an interval of non-entitlement) there shall be
inserted the following paragraph—“
(1A) This regulation also
has effect in a case where a beneficiary applies for review of an award of
an allowance at the lower rate if the condition in 
paragraph (1)(b)—substituting in it,
for the reference to the claim a reference to the application for review—is
satisfied in relation to a period immediately preceding the date of such application.”
4 
At the end of Part IIIA
of the principal regulations there shall be inserted the following new regulation—
“
5D 
If, on a fresh claim for an attendance allowance made within 6
months of the expiry of a certificate issued by the Board under 
section 35(2) of the Act, being a certificate
by virtue of which attendance allowance has been duly paid, the Board determine
that one or both the medical conditions for a certificate are satisfied and
have been satisfied throughout the period since such expiry, the provision
of section 35(4)
rendering an allowance not payable for any period preceding the date of claim
shall not apply to that fresh claim.”
5 
At the end of Part V
of the principal regulations there shall be inserted the following new regulation—
“
9A 
Where in connection with review of a determination under 
section 106 of the Act there is available to
the Board medical advice or medical evidence relating to a disabled person
(whether the claimant or not) that has not been disclosed to the claimant
and, in the opinion of the Board, its disclosure would be harmful to his health,
that advice or evidence shall not be required to be disclosed to him, but
the Board shall not, by reason of such non-disclosure, be precluded from taking
it into account for the purposes of their determination.”
6 

(1) After paragraph
(1) of regulation 2 of the Claims and Payments
Regulations there shall be inserted the following paragraph—“
(1A) The provision in 
paragraph (1) for the interpretation of the
words “claim for benefit” shall not be taken to preclude the application
of the regulations to a claim for attendance allowance expressed as an application
for review of an earlier determination but which discloses no grounds on which
such a determination could be reviewed.”
(2) For regulation
18 of the Claims and Payments Regulations there
shall be substituted—“
18 

(1) Where—
(a) an attendance allowance is payable for
a period that begins immediately after one in which by reason of the application
of regulation 3, 
4 or 7 of the 
Social Security (Attendance Allowance) (No. 2) Regulations 1975
(persons in hospital or living in specified accommodation), the allowance
is not payable, and
(b) it is expected that within 13 weeks of
that allowance becoming payable it will again, by reason of the application
of any such regulation, cease to be payable,that allowance shall be payable, so long as the period does not
continue for more than 13 weeks, at the daily rate of 1/7th of the weekly
rate and shall be paid in arrears at weekly intervals, or at such other intervals
as the Secretary of State may in any case direct.
(2) In this regulation 
“13 weeks” means a period
of 91 consecutive days.”
Patrick Jenkin
Secretary of State for Social Services
1st August 1980