Age 65 or over and entitled to mobility componentE+W+S
5.—(1) This paragraph applies where a person on or after attaining the age of 65 is entitled to the mobility component payable at the higher rate specified in regulation 4(2)(a), and–
(a)an adjudicating authority is satisfied that the decision giving effect to that entitlement ought to be revised on a review under section 100A, 100B or 104A of that Act, or
(b)the person makes a renewal claim for disability living allowance.
(2) A person to whom this paragraph applies shall not be precluded, solely by reason of the fact that he has attained the age of 65, from entitlement to the mobility component by virtue of having satisfied or being likely to satisfy one or other of the conditions mentioned in subsection (1)(a), (b) or (c) of [F1section 73] of the Act.
(3) In this paragraph and paragraph 6 and 7 a renewal claim is a claim made for a disability living allowance where the person making the claim had–
(a)within the period of 12 months immediately preceding the date the claim was made been entitled under an earlier award to the mobility component (referred to in these paragraphs as “the previous award”); and
(b)attained the age of 65 before that entitlement ended.
Textual Amendments
F1 Words in Sch. 1 para. 5(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(5)