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

Payments of disability living allowance

26.—(1) This regulation applies to the payment of awards of disability living allowance where the award arises in accordance with Parts II or III of these Regulations.

(2) Subject to paragraphs (3), (4) and (5), where a person has an award of attendance allowance, mobility allowance or disability living allowance which—

(a) is payable by direct credit transfer in accordance with regulation 21 of the Social Security (Claims and Payments) Regulations 1987 M1 , and

(b) is superseded by an award treated as made under Parts II or III of these Regulations.

the award mentioned in sub-paragraph (b) above shall continue to be paid by direct credit transfer into the same bank or other account as the award it superseded; and for this purpose, any application made or treated as made and any consent given or treated as given in relation to the terminated award shall be treated as made or given in relation to the award mentioned in sub-paragraph (b) above.

(3) Where a person——

(a) has two awards of disability living allowance, and

(b) those awards are paid separately but into the same account by direct credit transfer in accordance with regulation 21 of the Social Security (Claims and Payments) Regulations 1987,

then those payments may at any time before [F1 28th December 1993] be combined into one payment, equal to the aggregate of the two payments, payable by direct credit transfer into that account.

(4) Where a person has two awards of disability living allowance paid by direct credit transfer in accordance with regulation 21 of the Social Security (Claims and Payments) Regulations 1987 into different accounts, those payments may, with the consent of the Secretary of State, be made into such one account as the person to whom the payments are made may specify in a notice in writing to the Secretary of State.

(5) For the purposes of paragraph (3) any application made or treated as made and any consent given or treated as given in relation to a terminated or cancelled award shall be treated as made or given in relation to the award treated as having been made by virtue of these Regulations.

(6) Where a person has an award of disability living allowance which is payable by direct credit transfer in accordance with regulation 21 of the Social Security (Claims and Payments) Regulations 1987, any further award of disability living allowance made to that person shall be paid by direct credit transfer into the same bank or other account as the award first mentioned; and any application made or treated as made and any consent given or treated as given in relation to the first mentioned award shall he treated as made or given also in relation to the further award.

(7) Subject to the following provisions of this regulation, where attendance allowance was payable to a person otherwise than by direct credit transfer, any disability living allowance arising in accordance with Part II of these Regulations shall be payable on the day of the week the attendance allowance was or would have been payable.

(8) Subject to paragraph (9), where mobility allowance was payable to a person otherwise than by direct credit transfer, any disability living allowance arising in accordance with regulation 8 shall be payable on a Wednesday.

(9) Where both attendance allowance and mobility allowance were payable to a person otherwise than by direct credit transfer, any disability living allowance payable in accordance with an award treated as made by virtue of these Regulations shall be payable—

(a) from such date before [F2 28th December 1993] as the Secretary of State may in any particular case determine—

(i) except in a case to which head (ii) below applies, on a Wednesday; or

(ii) where in any particular case payment of attendance allowance was combined with the payment of another benefit and that benefit was payable on a day of the week other than Wednesday, the care component shall be payable on that day and the mobility component shall be payable on a Wednesday;

(b) until that day, care component shall be payable in the manner and at the time when attendance allowance was payable and mobility component shall likewise be payable in the manner and at the time when mobility allowance was payable.

(10) Where attendance allowance was payable to a person otherwise than by direct credit transfer and an award of mobility component is made to that person, any award of disability living allowance treated as having been made by virtue of these Regulations shall be payable, from such date before [F3 28th December 1993] as the Secretary of State may in any particular case determine—

(a) except in a case to which sub-paragraph (b) applies, on a Wednesday; or

(b) where in any particular case the payment of attendance allowance was combined with the payment of another benefit and that benefit was payable on a day of the week other than Wednesday, the care component shall be payable on that day and the mobility component shall be payable on a Wednesday.

(11) Where in accordance with this regulation payment of a person’s award of disability living allowance is changed to a Wednesday, and because of this change in pay day the interval between the first Wednesday pay day and the last previous pay day (referred to in this paragraph as “the relevant period”) is greater than it would have been but for that change, then the first Wednesday payment of disability living allowance shall include by way of adjustment an additional payment which is equal to the daily rate for the benefit or part of a benefit which is subject to that change, multiplied by a number determined by deducting from the number of days in the relevant period, the number of days which would have been in that period but for the change in pay days.

[F4 (12) Where a person—

(a) before 6th April 1992 has an award of attendance allowance and of mobility allowance and—

(i) those awards are paid in a different manner, and

(ii) both awards are terminated [F5 or cancelled ] in accordance with Parts II and III of these Regulations; or

(b) has been awarded disability living allowance under regulation 11,

then the awards of disability living allowance shall be paid in accordance with paragraph (13).]

(13) In cases to which this paragraph refers, disability living allowance shall be paid—

[F6 (a) from such date before 27th December 1993 as the Secretary of State may in any particular case determine, on the day, for the period and, subject to paragraph (13A), in the manner determined by the Secretary of State;]

(b) until that date, on such days, at such intervals and in such manner as the former awards of attendance allowance and mobility allowance were paid.

[F7 (13A) Where [F8 the person to whom the allowance is payable (whether for himself or another)] has within 4 weeks of receiving notice of the Secretary of State’s determination under paragraph (13)(a) made an election which has been approved by the Secretary of State that he wishes the allowance to be paid in a manner other than that determined under paragraph (13)(a), the allowance shall be paid in the manner specified in the election from a date determined by the Secretary of State.]

(14) Where a person who has not attained the age of 65 on 6th April 1992—

(a) has claimed attendance allowance or disability living allowance and pursuant to that claim an award of attendance allowance was made after 2nd February 1992, or

(b) has applied for a review of a decision of the Attendance Allowance Board or the adjudication officer not to award attendance allowance and pursuant to that application an award of attendance allowance is made after 2nd February 1992,

and that award is for a period commencing before 6th April 1992, both the attendance allowance and any disability living allowance granted in place of the award of attendance allowance shall be payable at four weekly intervals on a Wednesday, unless in any particular case the Secretary of State arranges otherwise.

(15) For the purpose of paragraph (11), the “daily rate” is an amount equal to one-seventh of the weekly rate, rounded up to the next 1p.

Textual Amendments

F1 Words in reg. 26(3) substituted (1.4.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/408), regs. 1, 2(3)(a)

F2 Words in reg. 26(9) substituted (1.4.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/408), regs. 1, 2(3)(a)

F3 Words in reg. 26(10) substituted (1.4.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/408), regs. 1, 2(3)(a)

F4 Reg. 26(12) substituted (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(4)(a)

F5 Words in reg. 26(12)(a)(ii) inserted (25.11.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) (No. 3) Regulations 1993 (S.I. 1993/2704), regs. 1, 2(4)(a)

F6 Reg. 26(13)(a) substituted (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(4)(b)

F7 Reg. 26(13A) 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(4)(c)

F8 Words in reg. 26(13A) 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(4)(b)

Marginal Citations

M1 S.I. 1987/1968.