The Social Security (Disability Living Allowance) Regulations 1991

Citation, commencement and interpretation E+W+S

1.—(1) These Regulations may be cited as the Social Security (Disability Living Allowance) Regulations 1991 and shall come into force on 6th April 1992.

(2) In these Regulations–

• [F1 “the Act” means the Social Security Contributions and Benefits Act 1992]

• [F2 “the Administration Act” means the Social Security Administration Act 1992;]

• [F3 “the 1998 Act” means the Social Security Act 1998]

• “the NHS Act of 1978” means the National Health Service (Scotland) Act 1978 F4 ;

• [F5 “the NHS Act of 2006” means the National Health Service Act 2006; ]

• [F5 “the NHS (Wales) Act of 2006” means the National Health Service (Wales) Act 2006 ]

• [F6 “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987;]

• [F7 “adjudicating authority” means, as the case may require, the Secretary of State, [F8 the First-tier Tribunal or the Upper Tribunal];]

• “care component” means the care component of a disability living allowance;

• [F9 “child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;]

• “mobility component” means the mobility component of a disability living allowance;

• [F10 “the residence change date”, in relation to a person, means the date on which the person becomes permanently resident in Scotland (whether or not the Secretary of State is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);]

• [F10 “the run-on period” has the meaning given in paragraph (6);]

• “terminally ill” shall be construed in accordance with [F11 section 66(2) of the Act ] F12 .

(3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule bearing that number.

[F13 (4) With effect from 6th December 2018, any reference in these Regulations to—

(a) “age 65 or over”, “the age of 65 years”, “the age of 65”, “65” and “age 65 and over” shall be construed as a reference to “pensionable age”;

(b) “aged 65 or over” and “aged 65 and over” shall be construed as a reference to “of pensionable age”; and

(c) “his 65 ^th birthday” shall be construed as a reference to “the day on which he attained pensionable age”.

(5) For the purpose of paragraph (4), “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995.]

[F14 (6) “The run-on period”, in relation to a person, is the period—

(a) beginning with the residence change date, and

(b) ending at the end of the day preceding the pay day which falls immediately after the end of the relevant period.

(7) For the purposes of paragraph (6)—

(a) “pay day” means the day on which a payment of disability living allowance is made in accordance with regulation 25(1) of the Claims and Payments Regulations;

(b) “the relevant period” means the period of 13 weeks beginning with the residence change date.]

Textual Amendments

F1 Words in reg. 1(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(2)(a)

F2 Words in reg. 1(2) inserted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(2)(b)

F3 Words in reg. 1(2) inserted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 1, Sch. 7 para. 1(a)

F4 1978 c.29.

F5 Words in reg. 1(2) inserted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(2)(a)(ii)

F6 Words in reg. 1 inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(2)(a)

F7 Words in reg. 1(2) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 1, Sch. 7 para. 1(a)

F8 Words in reg. 1(2) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 50

F9 Words in reg. 1(2) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 4(2)

F10 Words in reg. 1 inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(2)(b)

F11 Words in reg. 1(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(2)(c)

F12 Section 35(2C) was inserted by the Social Security Act 1990 (c.27) , section 1(1) .

F13 Reg. 1(4) - Reg. 1(5) inserted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(2)(b)

F14 Reg. 1(6)(7) inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(2)(c)