12.—(1) C meets the required period condition for the purposes of section 78(1) of the Act (daily living component at standard rate) where —
(a)if C had been assessed at every time in the period of 3 months ending with the prescribed date, it is likely that the Secretary of State would have determined at that time that C had limited ability to carry out daily living activities; and
(b)if C were to be assessed at every time in the period of 9 months beginning with the day after the prescribed date, it is likely that the Secretary of State would determine at that time that C had limited ability to carry out daily living activities.
(2) C meets the required period condition for the purposes of section 78(2) of the Act (daily living component at enhanced rate) where —
(a)if C had been assessed at every time in the period of 3 months ending with the prescribed date, it is likely that the Secretary of State would have determined at that time that C had severely limited ability to carry out daily living activities; and
(b)if C were to be assessed at every time in the period of 9 months beginning with the day after the prescribed date, it is likely that the Secretary of State would determine at that time that C had severely limited ability to carry out daily living activities.
Commencement Information
I1Reg. 12 coming into force in accordance with reg. 1(2) and S.I. 2013/358