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Disability Living Allowance and Disability Working Allowance Act 1991

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This is the original version (as it was originally enacted).

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”.

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