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

Treatment of two awards of disability living allowance

13.—(1) Where a person has two awards of disability living allowance both of which are for periods which commence before [F1 27th December 1993] and expire after [F2 26th December 1993], then [F3 subject to paragraph (1A)] those awards shall both terminate immediately before [F1 27th December 1993].

[F4 (1A) Paragraph (1) shall not apply where the two awards referred to in paragraph (1) are for fixed periods ending on different days.]

(2) A person whose awards of disability living allowance have been terminated by virtue of paragraph (1) shall be treated, as from [F5 27th December 1993], as having been granted one award of disability living allowance—

(a) where both the awards terminated by virtue of paragraph (1) were for life, consisting of both components for life, payable at a weekly rate which is the aggregate of the appropriate weekly rate for each of those components;

(b) where one of the awards terminated by virtue of paragraph (1) was for life and the other was for a fixed period, consisting of one component for life, corresponding to the component which was for life under the terminated award, and the other component for a fixed period ending on the day the award for the fixed period would have ended but for the termination of the award under paragraph (1), and payable at the weekly rate which is the aggregate of the appropriate weekly rate for each of the components from [F5 27th December 1993] until the day the period of the fixed award ends, and thereafter at the weekly rate which is the appropriate weekly rate for the component awarded for life;

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) where both awards terminated by virtue of paragraph (1) were for fixed periods ending on the same day, consisting of both components for a period ending on that day, payable at the weekly rate which is the aggregate of the appropriate weekly rate for each of those components.

[F7 (2A) Where, after 26th December 1993, a person has two awards of disability living allowance for fixed periods ending on different days those awards shall terminate on the day the shorter period ends if the adjudication officer has determined that an award for the component corresponding to the award which was for the shorter period should be made—

(a) for life, or

(b) for a period ending on the day the award for the longer fixed period ends.

(2B) A person whose awards of disability living allowance have been terminated by virtue of paragraph (2A) shall be treated, as from the day referred to in paragraph (2A), as having one award of disability living allowance—

(a) where sub-paragraph (2A)(a) applies, consisting of one component for life corresponding to the component which was for the shorter period under the terminated award and the other component for a fixed period ending on the day the award for that component would have ended but for the termination of the award under sub-paragraph (2A)(a) payable at the weekly rate which is the aggregate of the appropriate weekly rate for each of the components until the day on which the award for the fixed period ends and thereafter at the weekly rate which is the appropriate weekly rate for the component awarded for life;

(b) where sub-paragraph (2A)(b) applies, consisting of two components both of which are for fixed periods ending on the day the period the award for the component corresponding to the component which was for the longer period under the terminated award ends payable at the weekly rate which is the aggregate of the appropriate weekly rate for each of the components.

(2C) Where, after 26th December 1993, a person has two awards of disability living allowance for fixed periods ending on different days the adjudication officer shall not make an award following review or make a new award for a period ending on a date after the date on which the award for the longer period ends unless either—

(a) both awards are reviewed or made as the case may be for a period ending on the same date; or

(b) one award is for life.

(2D) Where, after 26th December 1993, a person who had two awards of disability living allowance for fixed periods ending on different days is awarded two awards of disability living allowance where either—

(a) both awards are for fixed periods ending on the same day; or

(b) one award is for life and one is for a fixed period,

those awards shall terminate immediately after they are made and the person shall be treated, as from that date, as having one award of disability living allowance consisting of either both components for a fixed period ending on the day the two awards of disability living allowance would have ended but for the termination of the awards under this paragraph or one component for life and one component for a fixed period ending on the day the two awards of disability living allowance would have ended but for the termination of the awards under this paragraph whichever is appropriate.

(2E) Where a person is treated as having one award of disability living allowance under paragraph (2D) the award shall be payable at the weekly rate which is the aggregate of the appropriate weekly rate for each of those components until the award for the fixed period ends and, if one component has been awarded for life, thereafter at the appropriate weekly rate for the component awarded for life.]

(3) In this regulation, the “appropriate weekly rate” in relation to either component of disability living allowance is the rate which corresponds to the rate payable for that component under any award terminated in accordance with [F8 paragraph (1), (2A) or (2D)].

[F9 (3A) In this regulation, in relation to references to two awards for fixed periods ending on different days, a reference to the shorter period is a reference to the award which ends first and a reference to the longer period is a reference to the award that ends second notwithstanding that the shorter period may be of longer duration.]

(4) An award of disability living allowance granted 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 having been granted continues to satisfy—

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

(b) any other conditions of entitlement appropriate to that award specified in sections 37ZA to 37ZE of the 1975 Act.

Textual Amendments

F1 Words in reg. 13(1) substituted (1.4.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/408), regs. 1, 2(2)(a)(ii)

F2 Words in reg. 13(1) substituted (1.4.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/408), regs. 1, 2(2)(a)(i)

F3 Words in reg. 13(1) inserted (6.8.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) (No.2) Regulations 1993 (S.I. 1993/1739), regs. 1(1), 2(3)(a)

F4 Reg. 13(1A) inserted (6.8.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) (No.2) Regulations 1993 (S.I. 1993/1739), regs. 1(1), 2(3)(b)

F5 Words in reg. 13(2) substituted (1.4.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/408), regs. 1, 2(2)(b)

F6 Reg. 13(2)(c) omitted (6.8.1993) by virtue of The Social Security (Introduction of Disability Living Allowance) (Amendment) (No.2) Regulations 1993 (S.I. 1993/1739), regs. 1(1), 2(3)(c)

F7 Reg. 13(2A)-(2E) inserted (6.8.1993) by virtue ofThe Social Security (Introduction of Disability Living Allowance) (Amendment) (No.2) Regulations 1993 (S.I. 1993/1739), regs. 1(1), 2(3)(d)

F8 Words in reg. 13(3) substituted (25.11.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) (No. 3) Regulations 1993 (S.I. 1993/2704), regs. 1, 2(3)

F9 Reg. 13(3A) inserted (6.8.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) (No.2) Regulations 1993 (S.I. 1993/1739), regs. 1(1), 2(3)(e)