Resident in hospital since 31 July 1995 or earlier

Where an individual has been:

• undergoing medical or other treatment as an in-patient at a hospital or similar institution since on 31 July 1995 or earlier, and
• in continuous receipt of the mobility component of Disability Living Allowance or Scottish Adult Disability Living Allowance

they may receive the mobility component of Scottish Adult Disability Living Allowance at the lower rate until such time as they leave the hospital for more than 28 consecutive days (Scottish Adult DLA regs, reg. 27(7))

There are exceptions to this, if after 31 July 1996, the individual is detained under Part II or Part III of the Mental Health Act 1983, Part 5, 6 or 7 or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or section 52D or 52M of the Criminal Procedure (Scotland) Act 1995 (Scottish Adult DLA regs, reg.27(8)).