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

Claims in addition

17.—(1) This regulation applies in a case where an adjudicating authority in determining a person’s claim for, or application for a review of a decision relating to, disability living allowance is satisfied that the person satisfies the conditions of entitlement to the care component which qualify him for the highest or the middle of the three rates prescribed under section 37ZB(3) of the 1975 Act or to the mobility component which qualify him for the higher of the 2 rates prescribed under section 37ZC(10) of that Act or to both, and that the person is neither—

(a) entitled to attendance allowance or mobility allowance or both, nor

(b) awaiting a determination by an adjudicating authority on—

(i) a claim made by him or on his behalf for one or both of those benefits, or

(ii) an application for review, made in accordance with section 104(2) of the 1975 Act, of a decision relating to one or both of those benefits, or

(iii) an appeal from a decision given on a claim or application for review of a decision relating to one or both of those benefits.

(2) Subject to paragraphs (3) and (4), where in determining a person’s claim for, or application for a review of a decision relating to, disability living allowance in a case to which this regulation applies, an adjudicating authority is satisfied that the person—

(a) in addition to satisfying the conditions of entitlement to the care component, also satisfied the conditions of entitlement to attendance allowance for a period before 6th April 1992; or

(b) in addition to satisfying the conditions of entitlement to the mobility component, also satisfied conditions of entitlement to mobility allowance, for a period before 6th April 1992,

other than the condition that he makes a claim for the benefit in question in the manner and within the time prescribed in relation thereto, the authority shall treat the claim for disability living allowance, or in the case of an application for review of the decision relating to disability living allowance, the claim on which that decision was made, as a claim also for—

(i) attendance allowance, where sub-paragraph (a) above is satisfied,

(ii) mobility allowance, where sub-paragraph (b) above is satisfied,

(iii) attendance allowance and mobility allowance, where sub-paragraph (a) and sub-paragraph (b) are satisfied,

and determine that claim accordingly.

(3) Where a claim for disability living allowance is a claim for a single component in accordance with regulation 16 then paragraph (2) shall apply only where the adjudicating authority is satisfied the person fulfils or fulfilled the conditions of entitlement to—

(a) attendance allowance, where the claim is for the care component, or

(b) mobility allowance where the claim is for the mobility component.

(4) Any award of mobility allowance or attendance allowance arising on a claim treated as made in accordance with paragraph (2) shall be for a period ending not later than 5th April 1992.

(5) Where an adjudicating authority is satisfied that the person whose claim or application he is determining satisfies the conditions of entitlement to mobility allowance for a period before 6th April 1992, then he shall determine that claim or application as if in section 37ZC of the 1975 Act, paragraph (a) of subsection (9) was omitted.