4.—(1) Subject to paragraph (4), the replacement of attendance allowance by disability living allowance shall be disregarded in a case to which paragraph (2) or paragraph (3) applies.
(2) This paragraph applies in a case where a person—
(a)is under the age of 65 on 6th April 1992;
(b)has an award of attendance allowance which expires after 5th April 1992; and
(c)makes a claim for attendance allowance for a period commencing immediately after that award expires.
(3) This paragraph applies in a case where—
(a)a person is under the age of 65 on 6th April 1992;
(b)that person has an award of attendance allowance or is the subject of a decision given on a claim or application either not to award benefit or that conditions of entitlement to attendance allowance were not satisfied;
(c)an application is made either—
(i)to the adjudication officer in accordance with section 104(2) of the 1975 Act for the decision to award, or as the case may be, not to award benefit to be reviewed, or
(ii)to the Attendance Allowance Board in accordance with regulation 38(2) of the Social Security (Adjudication) Regulations 1986 M1 for a decision of theirs given in accordance with section 105(3) or section 106(1) of the 1975 Act (matters for determination by the Attendance Allowance Board), to be reviewed.
(4) Any award of attendance allowance made pursuant to this regulation shall be subject to the provisions of regulations 2 and 3 (termination or cancellation of awards of attendance allowance and award of disability living allowance as from 6th April 1992).
Marginal Citations