The Social Security (Introduction of Disability Living Allowance) Regulations 1991

Disability living allowance to replace mobility allowance

8.—(1) Subject to paragraph (4), a person whose award of mobility allowance is terminated in accordance with regulation 7(1) shall be treated as having been awarded the mobility component—

(a) for a period commencing on 6th April 1992 and ending on the day the period of the award of mobility allowance would have ended but for regulation 7(1), or

(b) for life, where the award of mobility allowance was for, or had effect as if for, a period ending on the day before the day on which the person would have attained the age of 80.

(2) Subject to paragraph (4) a person whose award of mobility allowance is cancelled in accordance with regulation 7(2) shall be treated as having been awarded the mobility component—

(a) except where sub-paragraph (b) applies, for a period commencing on the date the award of mobility allowance would have commenced, and ending on the date that award would have ended, but for regulation 7(2);

(b) where the award of mobility allowance was for a period ending with the day before the day the person would have attained the age of 80, for life, commencing on the date the award of mobility allowance would have commenced but for regulation 7(2).

(3) The weekly rate of disability living allowance payable by virtue of this regulation shall be the higher of the two weekly rates of mobility component prescribed in accordance with section 37ZC(10) of the 1975 Act.

(4) Disability living allowance awarded in accordance with this regulation shall continue for the period of the award only so long as the person to whom the award is treated as made continues—

(a) to satisfy conditions as to residence and presence prescribed under section 37ZA(6) of the 1975 Act, and

(b) to satisfy or be deemed in accordance with section 13(1) of the Social Security (Miscellaneous Provisions) Act 1977(1) (mobility component for certain persons eligible for invalid carriages) to satisfy one of the conditions mentioned in paragraphs (a) to (c) of subsection (1) of section 37ZC of the 1975 Act.

(1)

1977 c. 5, amended by the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21), Schedule 2 paragraph 7.