The Social Security (Disability Living Allowance) Regulations 1991

[F1 Regulations 2 and 2ZA: the status condition and the award condition E+W+S

1ZA.— (1) For the purposes of regulations 2 and 2ZA, a person satisfies the status condition if—

(a) they were, on the day on which they reached the age of 16, terminally ill and either—

(i) they are terminally ill, or

(ii) following a change in their prognosis, they are a person to whom the Secretary of State is required by regulation 3(5) of the PIP Transitional Regulations to send a PIP notification but to whom such a notification has not yet been sent,

(b) they are an exempt person,

(c) they have ceased to be an exempt person and are a person—

(i) to whom the Secretary of State is required by regulation 3(3) or (5) of the PIP Transitional Regulations to send a PIP notification, but

(ii) to whom such a notification has not yet been sent,

(d) no disability living allowance is payable to them only by virtue of regulation 8, 9 or 12A,

(e) they are a notified person but not a transfer claimant, or

(f) they are a transfer claimant and no assessment determination has been made on their claim for personal independence payment.

(2) For the purposes of regulations 2 and 2ZA, a person satisfies the award condition if they have an award of disability living allowance for the under 16 age group (whether the award is as originally made, as revised in accordance with section 9 of the 1998 Act or follows a supersession in accordance with section 10 of the 1998 Act).

(3) In this regulation—

(a) “PIP notification” means a notification under regulation 3(1) of the PIP Transitional Regulations;

(b) “the PIP Transitional Regulations” means the Personal Independence Payment (Transitional Provisions) Regulations 2013;

(c) “assessment determination”, “exempt person”, “notified person” and “transfer claimant” have the meanings given in regulation 2(1) of the PIP Transitional Regulations.]

Textual Amendments

F1 Reg. 1ZA 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(3)