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“adjudicating authority” means, as the case may require, the Secretary of State, [F7the First-tier Tribunal or the Upper Tribunal];]
“care component” means the care component of a disability living allowance;
“mobility component” means the mobility component of a disability living allowance;
“terminally ill” shall be construed in accordance with [F8 section 66(2) of the Act ] F9 .
(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.
[F10(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.]
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)
F3Words 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)
F5Words 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)
F6Words 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)
F7Words 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
F8 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)
F9 Section 35(2C) was inserted by the Social Security Act 1990 (c.27) , section 1(1) .
F10Reg. 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)
1A. Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—
(a)to a person under the age of 16;
(b)to any claim for disability living allowance made or treated as made before 9th February 1998.]
Textual Amendments
F11 Instrument inserted (1.12.1997) by The Social Security (National Insurance Number Information: Exemption) Regulations 1997 (S.I. 1997/2676) , regs. 1(1) , 4