Part 4Miscellaneous
Disability living allowance: age conditions
I152Care component of disability living allowance: persons under the age of 16
1
Section 72 of the Contributions and Benefits Act (care component of disability living allowance) is amended as follows.
2
After subsection (1) insert—
1A
In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) has effect subject to the following modifications—
a
the condition mentioned in subsection (1)(a)(ii) shall not apply, and
b
none of the other conditions mentioned in subsection (1) shall be taken to be satisfied unless—
i
he has requirements of a description mentioned in the condition substantially in excess of the normal requirements of persons of his age, or
ii
he has substantial requirements of such a description which younger persons in normal physical and mental health may also have but which persons of his age and in normal physical and mental health would not have.
3
After subsection (2) insert—
2A
The modifications mentioned in subsection (1A) shall have effect in relation to the application of subsection (1) for the purposes of subsection (2), but only—
a
in the case of a person who is under the age of 16 on the date on which the award of the care component would begin, and
b
in relation to so much of any period mentioned in subsection (2) as falls before the day on which he reaches the age of 16.
4
In subsection (5)
(terminally ill person to be taken to have satisfied the conditions mentioned in subsection (1)(b) and (c)), after “person, shall” insert “
(notwithstanding subsection (1A)(b))
”
.
5
Subsection (6) (modifications for persons under 16) ceases to have effect.
6
In subsection (7), for “subsections (5) and (6)” substitute “
subsection (5)
”
.
7
After that subsection insert—
7A
Subsection (1A) has effect subject to regulations made under subsection (7) (except as otherwise prescribed).