Section 85 — Welfare Reform Act 2012: Care home residents

Care home residents 85 1 Regulations may provide that no amount in respect of personal independence payment which is attributable to entitlement to the daily living component is payable in respect of a person for a period when the person meets the condition in subsection (2).

2 The condition is that the person is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for the person are borne out of public or local funds by virtue of a specified enactment.

3 In this section “ care home ” means 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;

c personal care;

d such other services as may be prescribed.

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

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 an Act of the Scottish Parliament or in an instrument made under such an Act.