3(1)In subsection (2B)(b) (which relates to attendance allowance for the terminally ill) of section 35 of that Act for the words “specified in a certificate issued by virtue of paragraph (a) above” there shall be substituted the words “ for which he is entitled to attendance allowance ”.
(2)The following subsection shall be substituted for subsection (3) (weekly rate of attendance allowance) of that section—
“(3)The weekly rate of the attendance allowance payable to a person for any period shall be the higher rate specified in relation thereto in Schedule 4, Part III, paragraph 1, if both as regards that period and as regards the period of 6 months mentioned in subsection (2)(b) above he has satisfied or is likely to satisfy both the conditions mentioned in subsection (1)(a) above and subsection (1)(b) above, and shall be the lower rate in any other case.”.
(3)The words “ or is treated as making ” shall be inserted after the word “makes” in subsections (4) and (4A).
(4)At the end of paragraph (a) of subsection (6) there shall be added the words “ or section 7 of the Mental Health (Scotland) Act 1984 ”.
Commencement Information
I1Sch. 2 para. 3 wholly in force 6.4.1992: see s. 15(2) and S.I. 1991/2617, art. 2(f)
4In section 37(2) of that Act (invalid care allowance) after the words “attendance allowance” there shall be inserted the words “ or a disability living allowance by virtue of entitlement to the care component at the highest or middle rate ”.
Commencement Information
I2Sch. 2 para. 4 wholly in force 6.4.1992: see s. 15(2) and S.I. 1991/2617, art. 2(f)
5In subsection (4) of section 165D of that Act (restrictions on entitlement to benefit in certain cases of error) in the definition of “adjudicating authority”—
(a)in paragraph (a), after the words “a social security appeal tribunal” there shall be inserted the words “ , a disability appeal tribunal ”; and
(b)in paragraph (b), after the words “the Supplementary Benefits Commission,” there shall be inserted the words “ the Attendance Allowance Board, ”.
Commencement Information
I3Sch. 2 para. 5 wholly in force 6.4.1992: see s. 15(2) and S.I. 1991/2617, art. 2(f)