For benefits covered in this chapter other than adult disability payment (ADP), child disability payment (CDP), child benefit and guardian’s allowance, your child counts as a hospital inpatient if they are being maintained free of charge while having medical or other treatment as an inpatient in an NHS hospital or similar institution.1Reg 2(4) SS(HIP) Regs For ADP, your child counts as a hospital inpatient if they are undergoing medical or other treatment as an inpatient in a hospital or similar institution and any of the costs of treatment, accommodation or related services are paid for out of ‘public funds’.2Reg 28 DAWAP(S) Regs If your child is being treated as a private patient, they do not count as an inpatient for benefit purposes.

‘Medical or other treatment’ is treatment by a doctor, dentist or professionally qualified or trained nurse, or by someone under the supervision of such a person.3SSWP v Slavin [2011] EWCA Civ 1515

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