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

Backdating of awards of disability living allowance

12.—(1) This regulation applies where—

(a) a person claims or is treated as claiming attendance allowance or mobility allowance before 6th April 1992;

(b) the decision on the claim is given after 2nd February 1992; and

(c) the decision on the claim was that the person was not entitled to either of those benefits.

(2) Where such a person submits a claim for disability living allowance within 3 months of the date the decision on the claim was notified to him, any award of disability living allowance arising from the later claim may, notwithstanding section 37ZE(1) of the 1975 Act, be for a period commencing on such earlier date (but not before 6th April 1992) as the authority determining the claim decide the person satisfied the appropriate conditions of entitlement thereto.

(3) Notwithstanding section 37ZD(1) of the 1975 Act, a person who has attained the age of 65, but not the age of 66, on 6th April 1992, shall be entitled to disability living allowance where, in addition to satisfying the appropriate conditions of entitlement to that allowance, he made a claim for it within 3 months of the date on which he was so notified of the decision on the claim for attendance allowance or mobility allowance.

(4) Any award made by virtue of paragraph (3) shall, notwithstanding section 37ZE(1) of the 1975 Act be for a period commencing on—

(a) 6th April 1992, or, if later,

(b) the date he first satisfies the appropriate conditions of entitlement to disability living allowance (other than the need to make a claim for it).

(5) In this regulation, the “claim” in the expression “decision on the claim” is the claim referred to in sub-paragraph (a) of paragraph (1) and the “decision” is the first decision given on that claim by an adjudicating authority after 2nd February 1992.

(6) This regulation applies to an application made under section 104(2) or 106(1) of the 1975 Act for a review of a determination as it applies to a claim for benefit but as if the application was the claim and the decision was the decision given on that application.