§ Mr. DismoreTo ask the Secretary of State for Social Security if he will change the Attendance Allowance and Disability Living Allowance rules which apply when someone is admitted to hospital. [82306]
§ Mr. BayleyWe propose to change the rules for Attendance Allowance (AA) and Disability Living Allowance (DLA) so that the day of admission to hospital is treated as a day out of hospital, in place of the existing rules which treat such a day as a day in hospital. This will mean that people who spend frequent spells in hospital,710W eg for respite care, can gain an extra day's benefit. It will mean that the rules for AA/DLA will be brought into line with other Social Security benefits.
Regulations governing the withdrawal and downrating of benefits on admission to hospital have existed since the beginning of the National Insurance scheme in 1948. The reduction in benefit reflects the fact that, in hospital, the National Health Service is providing free care and maintenance. Regulations currently do not define what is a day in, or a day out of hospital. This leads to uncertainty. Social Security Commissioners have taken varying positions over the years. This has resulted in differing rules being developed according to the type of benefit in payment, creating difficulties for both customers and staff.
A Commissioner's decision made in 1996, which affected only AA and DLA, directed that both days of admission to, and days of discharge from hospital, should be treated as days in hospital. This means that benefit can now be lost on both the days of admission and discharge. For other Social Security benefits the current policy and practice is that the day of admission is treated as a day out of hospital and the day of discharge as a day in hospital.
We have concluded that the best way forward, to avoid further inconsistencies and confusion, would be to align the AA and DLA rules on hospital admission with the rules for other Social Security benefits. For the avoidance of doubt, we will make it explicit within the legislation that the day of admission is a day out of hospital and the day of discharge a day in hospital. Regulations will be laid at the earliest opportunity.