PART 4 continued
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.
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)—
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medical or other treatment which the person is undergoing as an in-
(d) personal care;
(e) such other services as may be prescribed.
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.
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.
In this section “enactment” includes an enactment comprised in an Act of the
Scottish Parliament or in an instrument made under such an Act.
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
period during which the person is undergoing imprisonment or detention in
85 Claims, awards and information
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.
An award of personal independence payment is to be for a fixed term except
where the person making the award considers that a fixed term award would
In deciding whether a fixed term award would be inappropriate, that person
must have regard to guidance issued by the Secretary of State.
Information supplied under this Part is to be taken for all purposes to be
information relating to social security.
86 Report to Parliament
The Secretary of State must lay before Parliament an independent report on the
operation of assessments under section 78.
The report must be laid within 3 years beginning with the coming into force of