Does anyone know of a definition of hospital, or more specifically, similar institution, for the purposes of Reg 12 Incapacity For Work regs?

My client lives in a drug and alcohol rehabilitation project funded by supporting people. I am also arguing both pre and post Howker versions of reg 27, but the chair of the Tribunal (prior to adjouring) seemed to be indicating that Reg 12 might be a goer.

Any ideas?

Commissioner Skinner's decision in R(IS)7/92 may be worth looking at.

In it, he outlines 5 questions which need to be addressed in order to determine whether a claimant is a hospital in patient for benefit purposes.

These are:

1) Is the accommodation a hospital or similar institution?

2) Is it maintained or administered under the NHS Service Act?

3) Is the claimant undergoing medical or other treatment as an in-patient?

4) Does he receive such treatment pursuant to arrangements made under the NHS Act 1977?

5) Is the claimant maintained free of charge?

If the answer to all of these 5 questions is “yes”, then the claimant would be deemed to be a hospital in-patient.

Commissioner Skinner also discusses what kind facts he feels would give a positive answer to each of these questions.

Just what I was looking for, thanks very much.

Is your client under a court-imposed drug Treatment & Testing Order? My understanding is that even if the client is ordered by the Court to attend a residential placement this should not be 'custody' for the purpose of disqualifying him from receiving benefits (SSCBA sect 113) -- and the treatment centre should be able to provide good evidence about medical treatment/supervision recd for reg 12 purposes

alban

No, he is a voluntary resident - I don't think there would be a problem if he was on a DTTO. It seems unfair to penalise him for trying to sort it out himself. Mind you, I don't know why I expected it to be fair.