Section 67 — Social Security Contributions and Benefits Act 1992: Exclusions by regulation.

Exclusions by regulation. 67 1 Regulations may provide that, in such circumstances, and for such purposes as may be prescribed, a person who is, or is treated under the regulations as, undergoing treatment for renal failure in a hospital or other similar institution otherwise than as an in-patient shall be deemed not to satisfy or to be unlikely to satisfy the day attendance condition or the night attendance condition, or both of them.

2 Regulations may provide that an attendance allowance shall not be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.

3 The reference in subsection (2) to a care home is to an establishment that provides accommodation together with nursing or personal care.

4 The following are qualifying services for the purposes of subsection (2)—

a accommodation, b board, and c personal care.

5 The reference in subsection (2) to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations.

6 The power to specify an enactment for the purposes of subsection (2) includes power to specify it only in relation to its application for a particular purpose.

7 In this section, “ enactment ” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.