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(b) if higher, 65.

(3) Subsection (1) is subject to such exceptions as may be provided by regulations.

82 No entitlement to daily living component where UK is not competent state

(1) A person to whom a relevant EU Regulation applies is not entitled to the daily
40living component for a period unless during that period the United Kingdom

Welfare Reform BillPage 59

is competent for payment of sickness benefits in cash to the person for the
purposes of Chapter 1 of Title III of the Regulation in question.

(2) Each of the following is a “relevant EU Regulation” for the purposes of this
section—

(a) 5Council Regulation (EC) No 1408/71 of 14 June 1971 on the application
of social security schemes to employed persons, to self-employed
persons and to members of their families moving within the
Community;

(b) Regulation (EC) No 883/2004 of the European Parliament and of the
10Council of 29 April 2004 on the coordination of social security systems.

83 Persons receiving certain services

(1) Regulations may provide as mentioned in either or both of the following
paragraphs—

(a) that no amount in respect of personal independence payment which is
15attributable 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);

(b) that no amount in respect of personal independence payment which is
attributable to entitlement to the mobility component is payable in
20respect of a person for a period when the person meets the condition in
subsection (2).

(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
25or 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) medical or other treatment which the person is undergoing as an in-
30patient;

(b) accommodation;

(c) board;

(d) personal care;

(e) such other services as may be prescribed.

(5) 35The 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) 40In 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

Except to the extent that regulations provide otherwise, no amount in respect
of personal independence payment is payable in respect of a person for a

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