Chwilio Deddfwriaeth

Chwiliad Uwch

The Social Security (Disability Living Allowance) Regulations 1991

Status:

Point in time view as at 21/03/2022.

Changes to legislation:

There are currently no known outstanding effects for the The Social Security (Disability Living Allowance) Regulations 1991, PART II. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART IIE+W+S GENERAL

Conditions as to residence and presence in Great BritainE+W+S

2.—(1) Subject to the following provisions of this regulation[F1and regulations [F22A, 2B and 2C]], the prescribed conditions for the purposes of [F3section 71](6) of the Act as to residence and presence in Great Britain in relation to any person on any day shall be that–

(a)on that day–

(i)he is [F4habitually] resident in [F5the United Kingdom, the Republic of Ireland, the Isle of Man or the Channel Islands]; and

[F6(ib)he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to disability living allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and]

(ii)he is present in Great Britain; and

(iii)he has been present in Great Britain for a period of, or for periods amounting in the aggregate to, not less than [F7104] weeks in the [F8156] weeks immediately preceding that day; F9...

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(1ZA) A person to whom regulation 36(1) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.]

[F13(1ZB) A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.]

(2) For the purposes of paragraph (1)(a)(ii) and (iii), notwithstanding that on any day a person is absent from Great Britain, he shall be treated as though he was present in Great Britain if his absence is by reason only of the fact that on that day–

(a)he is abroad in his capacity as–

(i)a serving member of the forces,

(ii) an airman or mariner within the meaning of regulations [F14111 and 115] respectively of the Social Security (Contributions) Regulations [F142001]F15,

and for the purpose of this provision, the expression “serving members of the forces” has the same meaning as in regulation 1(2) of the Regulations of [F162001]; or

(b) he is in employment prescribed for the purposes of [F17section 120] of the Act in connection with continental shelf operations F18; or

(c)he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, [F19civil partner,] son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; or

[F20(d)he is temporarily absent from Great Britain and that absence has not lasted for a continuous period exceeding 13 weeks.]

F21(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23(3A) A person shall be treated as habitually resident in Great Britain for the purpose of paragraph (1)(a)(i) where—

(a)he is resident outside Great Britain in his capacity as a serving member of the forces and for this purpose “serving member of the forces” has the meaning given in regulation 1(2) of the Social Security (Contributions) Regulations 2001; or

(b)he is living with a person mentioned in paragraph (a) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person.]

[F24(3B) Where a person is temporarily absent from Great Britain, he is treated as present in Great Britain for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—

(a)this absence is solely in connection with arrangements made for the medical treatment of him for a disease or bodily or mental disablement which commenced before he left Great Britain; and

(b)the arrangements referred to in sub-paragraph (a) relate to medical treatment–

(i)outside Great Britain,

(ii)during the period whilst he is temporarily absent from Great Britain, and

(iii)by, or under the supervision of, a person appropriately qualified to carry out that treatment, and

“medical treatment” means medical, surgical or rehabilitative treatment (including any course or diet or regimen), and references to a person receiving or submitting to medical treatment are to be construed accordingly.]

[F25(3C) For the purpose of paragraph (2)(d) and (3B) a person is “temporarily absent” if, at the beginning of the period of absence, that absence is unlikely to exceed 52 weeks.]

(4) Where a person is terminally ill and–

(a)makes a claim for disability living allowance; or

(b)an application is made for a [F26revision under section 9 of the 1998 Act or supersession under section 10 of that Act] of his award of disability living allowance, expressly on the ground that he is such a person, paragraph (1) shall apply to him as if head (iii) of sub-paragraph (a) was omitted.

(5) Paragraph (1) shall apply in the case of a child under the age of 6 months as if in head (iii) of sub-paragraph (a) for the reference to [F27104] weeks there was substituted a reference to 13 weeks.

(6) Where in any particular case a child has by virtue of paragraph (5), entitlement to the care component immediately before the day he attains the age of 6 months, then until the child attains the age of 12 months, head (iii) of sub-paragraph (a) of paragraph (1) shall continue to apply in his case as if for the reference to [F28104] weeks there was substituted a reference to 13 weeks.

[F29(7) Paragraph (1) shall apply in the case of a child who is over the age of 6 months but who has not exceeded the age of 36 months as if in head (iii) of sub-paragraph (a) for the reference to 104 weeks there was substituted a reference to 26 weeks.]

Textual Amendments

F15 S.I. 1979/591 ; the relevant amending instruments are S.I. 1980/1975 , S.I . 1982/1738.

F18 See regulation 85 of the Social Security (Contributions) Regulations 1979; section 132 was amended by the Oil and Gas Enterprise Act 1982 (c.23) schedule 3, paragraph 21.

F26Words in reg. 2(4)(b) substituted (18.10.99) by S.I. 1999/2860, Sch. 7, para. 2, reg.1

[F30 Persons residing in Great Britain to whom a relevant EU Regulation applies E+W+S

2A.—(1) Regulation 2(1)(a)(iii) shall not apply where on any day—

(a)the person is habitually resident in Great Britain;

(b) a relevant EU Regulation applies; and

(c)the person can demonstrate a genuine and sufficient link to the United Kingdom social security system.

(2)  For the purpose of paragraph (1)(b) and regulation 2B, “relevant EU Regulation” has the meaning given by section 84(2) of the Welfare Reform Act 2012.

Textual Amendments

Persons residing in an EEA state F31... or in Switzerland to whom a relevant EU Regulation applies E+W+S

2B.  Regulation 2(1)(a)(i) to (iii) shall not apply in relation to the care component where on any day—

(a)the person is habitually resident in—

(i) an EEA state F32...; or

(ii)Switzerland;

(b) a relevant EU Regulation applies; and

(c)the person can demonstrate a genuine and sufficient link to the United Kingdom social security system.]

Textual Amendments

[F33[F34Refugees and certain persons with leave to enter and remain in the United Kingdom]E+W+S

2C.—(1) Regulation 2(1)(a)(iii) shall not apply where the person has—

(a)been granted refugee status or humanitarian protection under the immigration rules; F35...

(b)leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.

[F36(c)leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—

(i)the Afghan Relocations and Assistance Policy, or

(ii)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),

(d)been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c), or

(e)leave granted under the Afghan Citizens Resettlement Scheme.]

[F37(1A) Regulation 2(1)(a)(i) shall not apply where paragraph (1)(c), (d) or (e) applies to the person.]

[F38(2) For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.]

[F38(2) For the purposes of this regulation—

(a)

“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,

(b)

“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.]]

Textual Amendments

Age 65 or overE+W+S

3.—(1) A person shall not be precluded from entitlement to either component of disability living allowance by reason only that he has attained the age of 65 years, [F39if he is a person to whom paragraphs (2) and (3) apply.]

F40(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Paragraph (3) applies to a person who–

(a)made a claim for disability living allowance before he attained the age of 65, which was not determined before he attained that age, and

(b)did not at the time he made the claim have an award of disability living allowance for a period ending on or after the day he attained the age of 65.

(3) In determining the claim of a person to whom this paragraph applies, where the person otherwise satisfies the conditions of entitlement to either or both components of disability living allowance for a period commencing before his 65th birthday (other than the requirements of section [F44section 72](2)(a), or, as the case may be, section [F45section 73](9)(a) of the Act (3 months qualifying period)), the determination shall be made without regard to the fact that he is aged 65 or over at the time the claim is determined.

[F46(3A)  A person shall not be precluded from entitlement to the care component of disability living allowance by reason only that he has attained the age of 65 years if the claim   is treated as made on 18th October 2007 in accordance with regulation 6(35) of the Social Security (Claims and Payments) Regulations 1987 (date of claim). ]

(4) Schedule 1, which makes further provision for persons aged 65 or over shall have effect.

Textual Amendments

F39words in reg. 3(1) substituted (6.10.97) by reg. 2 of S.I. 1997/349, reg. 2, reg 1

F40Reg 3(1)(a) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1

F41Reg 3(1)(b) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1

F42Reg 3(1)(c) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1

F43Reg 3(1)(d) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1

Rate of BenefitE+W+S

4.—(1) The three weekly rates of the care component are–

(a)the highest rate, payable in accordance with [F47section 72](4)(a) of the Act, [F48£89.60][F49£89.60]

(b)the middle rate, payable in accordance with [F47section 72](4)(b) of the Act, [F50£60.00 ][F51£60.00 ]and

(c)the lowest rate, payable in accordance with [F47section 72](4)(c) of the Act, [F52£23.70 ][F53£23.70]

(2) The two weekly rates of the mobility component are–

(a)the higher rate, payable in accordance with [F54section 73](11)(a) of the Act, [F55£62.55 ][F56£62.55 ]and

(b)the lower rate, payable in accordance with [F54section 73](11)(b) of the Act, [F57£23.70][F58£23.70]

Textual Amendments

F48Sum in Reg. 4(1)(a) substituted (S) (12.4.2021) by The Social Security Up-rating (Scotland) Order 2021 (S.S.I. 2021/169), arts. 1(4), 8(a)

Late claim by a person previously entitledE+W+S

F59 5 .  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F60Medical examination in prescribed circumstancesE+W+S

F615A.]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60Reg. 5A-5C inserted (25.8.97) by S.I. 1997/1839, reg. 3, reg, 1

F61Reg. 5A revoked (18.10.99) by S.I. 1999/2860 Sch. 7, para 3

[F62Withholding of benefit in prescribed circumstancesE+W+S

F635B.]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Reg. 5A-5C inserted (25.8.97) by S.I. 1997/1839, reg. 3, reg, 1

F63Reg. 5B revoked (18.10.99) by S.I. 1999/2860 Sch. 7, para 3

[F64Payment of withheld benefitE+W+S

F655C.]  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64Reg. 5A-5C inserted (25.8.97) by S.I. 1997/1839, reg. 3, reg, 1

F65Reg. 5C revoked (18.10.99) by S.I. 1999/2860 Sch. 7, para 3

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill