The Social Security (Disability Living Allowance) Regulations 1991

Regulation 3(4)

SCHEDULE 1 E+W+S PERSONS AGED 65 AND OVER

[F1 Revision or supersession] of an award made before person attained 65 E+W+S

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 [F2 is made in accordance with section 9 of the 1998 Act or section 10 of that Act for that award to be revised or superseded;] and

(d) an adjudicating authority is satisfied that the decision awarding disability living allowance ought to be [F3 revised or superseded].

(2) Where paragraph (1) applies, the person to whom the award relates shall not, subject to paragraph (3), 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 [F4 revision or supersession] is made.

(3) Where the adjudicating authority determining the application F5 ... is satisfied that the decision ought to be [F6 superseded] on the ground that there has been a relevant change of circumstances since the decision was given, paragraph (2) shall apply only where the relevant change of circumstances occurred before the person attained the age of 65.

Textual Amendments

F1 Words in Sch.1, para. 1 heading substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(a), Reg.1

F2 Words in Sch.1, para. 1(1)(c) substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(b), Reg.1

F3 Words in Sch.1, para. 1(1)(d) substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(c), Reg.1

F4 Words in Sch.1, para. 1(2) substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(d), Reg. 1

F5 Words in Sch.1, para. 1(3) omitted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(e), Reg. 1

F6 Words in Sch.1, para. 1(3) substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(e), Reg. 1

[F7 Revision or supersession] of an award other than a review to which paragraph 1 refers E+W+S

2.  References in the following paragraphs of this Schedule to a [F8 revision or supersession] of an award refer only to those reviews where the awards which are being [F9 revised or superseded] were made–

(a) on or after the date 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(b) before the person to whom the award relates attained the age of 65 where the award is [F10 superseded] by reference to a change in the person’s circumstances which occurred on or after the day he attained the age of 65.

Textual Amendments

F7 Words in Sch.1, para. 2 heading substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(f), Reg.1

F8 Words in Sch.1, para. 2 substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(g), Reg.1

F9 Words in Sch.1, para. 2 substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(g), Reg.1

F10 Words in Sch.1, para. 2(b) substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(h), Reg.1

Age 65 and over and entitled to the care component E+W+S

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 [F11 revised under section 9 of the 1998 Act or superseded under section 10 of that Act]; or

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

(2) Where a person was entitled on the previous award or on the award [F12 being revised or superseded] to the care component payable–

(a) at the lowest rate, that person shall not be precluded, solely by reason of the fact that he is aged 65 or over, 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, [F13 section 72] of the Act shall have effect as if in paragraph (a) of subsection (2) of that section for the reference to 3 months there was substituted a reference to 6 months and paragraph (b) of that subsection was omitted.

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

(a) within the period of 12 months immediately preceding the date 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.

Textual Amendments

F11 Words in Sch.1, para. 3(1)(a) substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(i), Reg.1

F12 Words in Sch.1, para. 3(2) substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(j), Reg.1

F13 Words in Sch. 1 para. 3(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(4)

Invalid Vehicle Scheme E+W+S

4.—(1) Where–

(a) a certificate issued in respect of a person under section 13(1) of the Social Security (Miscellaneous Provisions) Act 1977 F14 is in force, or

(b) an invalid carriage or other vehicle is or was on or after 1st January 1976 made available to a person by the Secretary of State under [F15 section 46(1) of the NHS Act of 1978 or paragraph 9 of Schedule 1 to the NHS Act of 2006 or paragraph 9 of Schedule 1 to the NHS (Wales) Act of 2006], being a carriage or other vehicle which is–

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

(ii) provided for use on a public road; and

(iii) controlled by the occupant,

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

(2) In determining a person’s entitlement where paragraph (1) applies, [F16 section 72] of the Act shall have effect as if in paragraph (a) of subsection (2) of that section for the reference to 3 months there was substituted a reference to 6 months and paragraph (b) of that subsection was omitted.

Textual Amendments

F14 1977 c.5 .

F15 Words in Sch. 1 para. 4(b) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(12)

F16 Words in Sch. 1 para. 4(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(4)

Age 65 or over and entitled to mobility component E+W+S

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 of that Act, 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 subsection (1)(a), (b) or (c) of [F17 section 73] of the Act.

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

(a) within the period of 12 months immediately preceding the date 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.

Textual Amendments

F17 Words in Sch. 1 para. 5(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(5)

Aged 65 or over and award of lower rate mobility component E+W+S

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) and–

(a) an adjudicating authority is satisfied that the decision giving effect to that entitlement ought to be [F18 revised under section 9 of the or superseded under section 10 of that Act], 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 [F19 section 73](11) of the Act shall have effect in his case as if paragraph (a), and the words “in any other case” in paragraph (b), were omitted.

Textual Amendments

F18 Words in Sch. 1 para 6(1)(a) substituted (18.10.99) by S.I. 1999/2860 art. 1, Sch. 7 para 5

F19 Words in Sch. 1 para. 6(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(5)

Award of care component where person entitled to mobility component E+W+S

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 [F20 revised under section 9 of the or superseded under section 10 of that Act], 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 [F21 section 72](1) of the Act 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 a person’s entitlement, [F21 section 72] of the Act shall have effect as if in paragraph (a) of subsection (2) of that section, for the reference to 3 months there was substituted a reference to 6 months and paragraph (b) of that subsection were omitted.

Textual Amendments

F20 Words in Sch. 1, para. 7(2) substituted (18.10.99) by S.I. 1999/2860, art 1, sch. 7, para. 5(K)

F21 Words in Sch. 1 para. 7(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(4)

Regulation 13

SCHEDULE 2 E+W+S INVALID VEHICLE SCHEME

Interpretation E+W+S

1.  In this Schedule, unless the context otherwise requires,–

• “the 1977 Act” means the Social Security (Miscellaneous Provisions) Act 1977 F22 ;

• “vehicle scheme beneficiary” means any person of a class specified in section 13(3)(a), (c) or (d) of the 1977 Act or any person of the class specified in section 13(3)(b) of the 1977 Act whose application was approved on or after 1st January 1976 and, where an invalid carriage or other vehicle was provided or as the case may be applied for, is a person of any such class in respect of whom the invalid carriage or other vehicle provided or applied for was a vehicle–

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

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

(c) to be controlled by the occupant;

“certificate” means a certificate issued in accordance with paragraph 3.

Textual Amendments

F22 1977 c.5 ; section 13(1) is amended by the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) , Schedule 2 , paragraph 8 .

Prescribed periods for purposes of section 13(3)(c) of the 1977 Act E+W+S

2.  For the purposes of section 13(3)(c) of the 1977 Act–

(a) the prescribed period before 1st January 1976 shall be that commencing with 31st January 1970 and ending with 31st December 1975; and

(b) the prescribed period after 1st January 1976 shall be that commencing with 2nd January 1976 and ending with 31st March 1978.

Issue of certificates E+W+S

3.—(1) The Secretary of State shall issue a certificate in the form approved by him in respect of any person–

(a) who has made an application for a certificate in the form approved by the Secretary of State; and

(b) whom the Secretary of State considers satisfies the conditions specified in sub-paragraph (2).

(2) The conditions specified in this sub-paragraph are that–

(a) the person is a vehicle scheme beneficiary; and

(b) his physical condition has not improved to such an extent that he no longer satisfies the conditions which it was necessary for him to satisfy in order to become a vehicle scheme beneficiary.

Duration and cancellation of certificates E+W+S

4.—(1) Subject to sub-paragraph (2) the period during which a certificate is in force shall commence on the day specified in the certificate as being the date on which it comes into force and shall continue for the life of the person concerned.

(2) If in any case the Secretary of State determines that the condition specified in paragraph 3(2)(b) is not satisfied, the certificate shall cease to be in force from the date of such non-satisfaction as determined by the Secretary of State (or such later date as appears to the Secretary of State to be reasonable in the circumstances).

Application of these Regulations in relation to vehicle scheme beneficiaries E+W+S

5.  In relation to a person in respect of whom a certificate is in force these Regulations shall have effect as though regulation 2(1)(a)(iii) were omitted.

SCHEDULE 3 E+W+S F23 PERSONS TO WHOM REGULATIONS 9 AND 10 APPLY WITH MODIFICATIONS

Textual Amendments

F23 Sch. 3 omitted (8.4.2002) by virtue of Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), regs. 1, 4(c)