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).