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

Explanatory Note

(This note is not part of the Regulations)

This instrument contains the first regulations made under section 5 of the Disability Living Allowance and Disability Working Allowance Act 1991 (c.5). Section 5 enables the Secretary of State to make regulations on matters arising from the substitution of disability living allowance for attendance allowance and mobility allowance and the dissolution of the Attendance Allowance Board. The instrument contains other regulations which are consequential upon the provisions made under section 5.

The instrument is made before the end of the period of 6 months beginning with the coming into force of section 5 of the 1991 Act. The Regulations contained in this instrument are accordingly exempt by section 61(5) of the Social Security Act 1986 (c.50), as amended by the Social Security Act 1989 (c.24), Schedule 8, paragraph 12(3), from reference to the Social Security Advisory Committee and have not been so referred.

Part I of the Regulations relates to their citation, commencement and interpretation.

Part II relates to the replacement of attendance allowance with disability living allowance. Regulation 2 provides for the termination and cancellation of awards of attendance allowance current at 6th April 1992 and regulation 3 provides for their replacement by awards of disability living allowance. Regulation 4 relates to the adjudication of claims for attendance allowance in the period before 6th April 1992. Regulation 5 enables an adjudication officer where a claim for attendance allowance has been rejected to award, in certain circumstances, the lowest of the three rates of the care component of disability living allowance. Regulation 6 provides that a person aged 65 or over with an award of attendance allowance may, where they are also awarded the mobility allowance or disability living allowance, have the award of attendance allowance terminated and replaced with an award of the care component.

Part III relates to the replacement of mobility allowance with disability living allowance. Regulation 7 provides for the termination or cancellation of awards of mobility allowance and regulation 8 provides for their replacement by awards of the mobility component of disability living allowance. Regulation 9 makes provision where a person has an award of mobility allowance and makes a repeat claim for that allowance for a period commencing after *5th April 1992 or applies for a decision relating to mobility allowance to be reviewed. Regulation 10 enables an award of the lower rate mobility component to be made where the person’s claim for mobility allowance is disallowed.

Part IV contains provisions common to both Parts II and III.

Regulation 11 enables two separate awards of disability living allowance to co-exist. Regulation 12 enables awards of disability living allowance to be backdated where the person delayed submitting a claim while the decision on a claim for attendance allowance or mobility allowance was awaited. Regulation 13 provides for the conversion of two awards of disability living allowance into a single award. Regulation 14 contains provisions relating to the review of awards of disability living allowance treated under these Regulations as having been made.

Part V relates to claims, payments and adjudication. Regulation 15 contains a definition of the expression “second tier adjudication” which is used only in this Part of the Regulations. Provision is included for claims for a single component of disability living allowance (regulation 16), claims treated as claims in addition (regulation 17) and claims treated as not being made (regulations 18 to 20). Regulations 21 to 25 provide for the determination of claims for attendance allowance and mobility allowance in the changeover period. Regulation 26 contains provisions about payment of disability living allowance where the person previously had an award of mobility allowance or attendance allowance. Regulation 27 relates specifically to beneficiaries who are unable to act.