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Persons who may apply for grant

4.—(1) For regulation 4(1)(b) (persons who may apply for grant) substitute—

(b)who at the time of making the application has, or lives with a spouse who has, attained the age of 60; or

(c)who at the time of making the application is, or lives with a spouse who is, in receipt of an attendance allowance, a disability living allowance (as provided for in Part III of the 1992 Act), a disability working allowance, family credit, housing benefit, income support (each as provided for in Part VII of the 1992 Act), or an income-based jobseeker’s allowance within the meaning of the Jobseekers (Northern Ireland) Order 1995(1), or

(d)who at the time of making the application is, or lives with a spouse who is, in receipt of a war disablement pension, and

(i)a mobility supplement or a payment intended to compensate for the non-payment of such a supplement, or

(ii)a payment made under regulations made under paragraph 4(2)(b) of Schedule 8 to the 1992 Act (constant attendance allowance)..

(2) In regulation 4(2)—

(a)before the definition of householder insert—

“an attendance allowance” means—

(a)an attendance allowance under Part III of the 1992 Act;

(b)a payment made under Article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983(2) or any analogous payment;

(c)any payment based on need for attendance which is paid with a war disablement pension; or

(d)any payment intended to compensate for the non-payment of any payment, allowance or pension mentioned in sub-paragraphs (a) to (c) of this definition;;

(b)After the definition of householder insert—

“mobility supplement” means a mobility supplement under—

(a)Article 26A of the Naval, Military or Air Forces etc. (Disablement and Death) Service Pensions Order 1983(3) (including such a supplement payable by virtue of the application of that article by any other scheme or order); or

(b)under Article 25A of the Personal Injuries (Civilians) Scheme 1983 (including that article as applied by Article 48A of that Scheme)(4)..

(2)

S.I. 1983/686; relevant amending instruments are S.I. 1983/1164 and 1984/1675

(3)

S.I. 1983/883; Article 26A was inserted by S.I. 1983/1116 and amended by S.I. 1983/1521, S.I. 1986/592, 1990/1308, 1991/766, 1992/710 and 1995/766

(4)

Article 25A was inserted by S.I. 1983/1164 and amended by S.I. 1983/1540, 1986/628, 1990/1300, 1991/708 and 1992/702; Article 48A was inserted by S.I. 1984/1289