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The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992

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Regulation 3(4)

SCHEDULE 1Persons aged 65 and over

Review of an award made before a person attained the age of 65

1.—(1) This paragraph applies where—

(a)a person is aged 65 or over;

(b)the person has an award of disability living allowance made before he attained the age of 65;

(c)an application in writing is made in accordance with section 100A(6) or 104A(3)(1) for that award to be reviewed; and

(d)an adjudicating authority is satisfied that the decision awarding disability living allowance ought to be both reviewed and revised.

(2) Subject to sub-paragraph (3), where sub-paragraph (1) applies, the person to whom the award relates shall not be precluded from entitlement to either component of disability living allowance solely by reason of the fact that he is aged 65 or over when the revised award is made.

(3) Where the adjudicating authority determining the application for review is satisfied that the decision ought to be reviewed on the ground that there has been a relevant change of circumstances since the decision was given, sub-paragraph (2) shall apply only where the relevant change of circumstances occurred before the person attained the age of 65.

Review of an award other than a review to which paragraph 1 refers

2.  References in paragraphs 3 to 7 to a review of an award refer only to those reviews where the awards which are being reviewed were made—

(a)on or after the date on which the person to whom the award relates attained the age of 65; or

(b)before the person to whom the award relates attained the age of 65 where the award is reviewed and revised by reference to a change in the person’s circumstances which occurred on or after the day on which he attained the age of 65.

Persons aged 65 and over and entitled to the care component

3.—(1) This paragraph applies where a person on or after attaining the age of 65—

(a)is entitled to the care component and an adjudicating authority is satisfied that the decision awarding it ought to be revised on a review under section 100A, 100B(2) or 104A; or

(b)makes a renewal claim for disability living allowance.

(2) Where a person was entitled on the previous award or on the award under review to the care component payable—

(a)at the lowest rate, that person shall not be precluded, solely by reason of the fact that he has attained the age of 65, from entitlement to the care component; or

(b)at the middle or highest rate, that person shall not be precluded, solely by reason of the fact that he has attained the age of 65, from entitlement to the care component payable at the middle or highest rate,

but in determining that person’s entitlement, section 37ZB shall have effect as if in paragraph (a) of subsection (2) for the reference to 3 months there were substituted a reference to 6 months and as if paragraph (b) of that subsection were omitted.

(3) In this paragraph, a renewal claim is a claim made for disability living allowance where the person making the claim had—

(a)within the period of 12 months immediately preceding the date on which the claim was made, been entitled under an earlier award to the care component or to attendance allowance (referred to in this paragraph as “the previous award”); and

(b)attained the age of 65 before that entitlement ended.

Invalid vehicle scheme

4.—(1) Where—

(a)a certificate issued in respect of a person under Article 10(1) of the 1977 Order is in force; or

(b)an invalid carriage or other vehicle is or was on or after 1st January 1976, provided to a person by the Department under Article 30(1) of the Order or by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977(3) or section 46(1) of the National Health Service (Scotland) Act 1978(4) being a carriage or other vehicle which is—

(i)propelled by a petrol engine or by an electric motor,

(ii)supplied for use on a public road, and

(iii)controlled by the occupant,

that person shall not be precluded from entitlement to the mobility component payable at the higher rate specified in regulation 4(2)(a), or the care component payable at the highest or middle rate specified in regulation 4(1)(a) or (b), by reason only of the fact that he has attained the age of 65.

(2) In determining a person’s entitlement where paragraph (1) applies, section 37ZB shall have effect as if in paragraph (a) of subsection (2) for the reference to 3 months there were substituted a reference to 6 months and as if paragraph (b) of that subsection were omitted.

Persons aged 65 and over and entitled to the higher rate mobility component

5.—(1) This paragraph applies where a person on or after attaining the age of 65 is entitled to the mobility component payable at the higher rate specified in regulation 4(2)(a), and—

(a)an adjudicating authority is satisfied that the decision giving effect to that entitlement ought to be revised on a review under section 100A, 100B or 104A; or

(b)the person makes a renewal claim for disability living allowance.

(2) A person to whom this paragraph applies shall not be precluded, solely by reason of the fact that he has attained the age of 65, from entitlement to the mobility component by virtue of having satisfied or being likely to satisfy one or other of the conditions mentioned in section 37ZC(1)(a), (b) or (c).

(3) In this paragraph, and paragraphs 6 and 7, a renewal claim is a claim made for disability living allowance where the person making the claim had—

(a)within the period of 12 months immediately preceding the date on which the claim was made, been entitled under an earlier award to the mobility component (referred to in these paragraphs as “the previous award”); and

(b)attained the age of 65 before that entitlement ended.

Persons aged 65 and over and entitled to the lower rate mobility component

6.—(1) This paragraph applies where a person on or after attaining the age of 65 is entitled to the mobility component payable at the lower rate specified in regulation 4(2)(b), and—

(a)an adjudicating authority is satisfied that the decision giving effect to that entitlement ought to be revised on a review under section 100A, 100B or 104A; or

(b)the person makes a renewal claim for disability living allowance.

(2) A person to whom this paragraph applies shall not be precluded, solely by reason of the fact that he has attained the age of 65, from entitlement to the mobility component, but in determining the person’s entitlement to that component, section 37ZC(11) shall have effect as if paragraph (a), and the words “in any other case” in paragraph (b), were omitted.

Award of the care component where a person is entitled to the mobility component

7.—(1) This paragraph applies where a person on or after attaining the age of 65 is entitled to the mobility component and—

(a)an adjudicating authority is satisfied that the decision giving effect to that entitlement ought to be revised on a review under section 100A, 100B or 104A; or

(b)the person makes a renewal claim for disability living allowance.

(2) A person to whom this paragraph applies shall not be precluded, solely by reason of the fact that he has attained the age of 65, from entitlement under section 37ZB by virtue of having satisfied either the conditions mentioned in subsection (1)(b) or in subsection (1)(c), or in both those subsections, but in determining that person’s entitlement section 37ZB shall have effect as if in paragraph (a) of subsection (2) for the reference to 3 months there were substituted a reference to 6 months and paragraph (b) of that subsection were omitted.

(1)

Sections 100A and 104A were inserted by paragraphs 5 and 9 respectively of Schedule 1 to the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 (S.I. 1991/1712 (N.I. 17))

(2)

Section 100B was inserted by paragraph 5 of Schedule 1 to the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991

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