Steane and Another v Chief Adjudication Officer and Another [1996] 4 All ER 83 (HL)

Social security – attendance allowance – entitlement – residential accommodation

A person in a private sector care home was eligible for attendance allowance unless there was evidence that he or she required accommodation because of illness, within the meaning of National Health Service Act 1977 Schedule 8, paragraph 2. The term “paying the whole cost”, within regulation 7 of the >Social Security (Attendance Allowance) Regulations 1991<, was to be read as meaning the payment of the charge fixed for residents in respect of their individual accommodation. If this was paid wholly by the resident, reg.7(1)(c) did not apply. If it was paid wholly or partly by others, including payment out of public or local funds, then the resident was required to satisfy the other provisions of reg.7(1)(c).

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