Manner of electing the person entitled to an invalid care allowance in respect of a severely disabled person where, but for section 37(7) of the Act, more than one person would be entitled to an invalid care allowance in respect of that severely disabled person
7.—(1) For the purposes of the provision in section 37(7) of the Act which provides that where apart from that section, two or more persons would be entitled for the same day to an invalid care allowance in respect of the same severely disabled person one of them only shall be entitled, being such one of them as they may jointly elect in the prescribed manner, an election shall be made by giving the Department a notice in writing signed by the persons who but for the said provision would be entitled to an invalid care allowance in respect of the same severely disabled person specifying one of them as the person to be entitled.
(2) An election under paragraph (1) of this regulation shall not be effective to confer entitlement to invalid care allowance either for the day on which the election is made or for any earlier day if such day is one for which an invalid care allowance has been paid in respect of the severely disabled person in question and has not been repaid or recovered.