Welfare Reform Bill (HC Bill 197)

(2) The condition is that the person is an in-patient of a hospital or similar

institution, or 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) 40In 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) medical or other treatment which the person is undergoing as an in-

patient;

(b) accommodation;

(c) board;

(d) 5personal care;

(e) 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) 10The 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.

84 Prisoners

15Except to the extent that regulations provide otherwise, no amount in respect

of personal independence payment is payable in respect of a person for a

period during which the person is undergoing imprisonment or detention in

legal custody.

Supplementary

85 20Claims, awards and information

(1) A person is not entitled to personal independence payment for any period

before the date on which a claim for it is made or treated as made by that

person or on that person’s behalf.

(2) An award of personal independence payment is to be for a fixed term except

25where the person making the award considers that a fixed term award would

be inappropriate.

(3) In deciding whether a fixed term award would be inappropriate, that person

must have regard to guidance issued by the Secretary of State.

(4) Information supplied under this Part is to be taken for all purposes to be

30information relating to social security.

86 Report to Parliament

(1) The Secretary of State must lay before Parliament an independent report on the

operation of assessments under section 78.

(2) The report must be laid within 3 years beginning with the coming into force of

35that section.