The Social Security (Claims and Payments) Amendment Regulations 1991

Insertion of regulations 13A and 13B

7.  –

(1) After regulation 13 there shall be inserted the following regulation–

“Advance award of disability living allowance

13A.— (1) Where, although a person does not satisfy the requirements for entitlement to disability living allowance on the date on which the claim is made, the adjudicating authority is of the opinion that unless there is a change of circumstances he will satisfy those requirements for a period beginning on a day (“the relevant day”) not more than 3 months after the date on which the claim is made, then that authority may award disability living allowance from the relevant day subject to the condition that the person satisfies the requirements for entitlement on the relevant day.

(2) Where a person makes a claim for disability living allowance on or after3rd February 1992 and before 6th April 1992 the adjudicating authority may award benefit for a period beginning on any day after 5th April 1992 being a day not more than three months after the date on which the claim was made, subject to the condition that the person satisfies the requirements for entitlement when disability living allowance becomes payable under the award.

(3) An award under paragraph (1) or (2) shall be reviewed by the adjudicating authority if the requirements for entitlement are found not to have been satisfied when disability living allowance becomes payable under the award.”

(2) After regulation 13A there shall be inserted the following regulation–

“Advance claim for and award of disability working allowance

13B.— (1) Where a person makes a claim for disability working allowance on or after 10th March 1992 and before 7th April 1992 the adjudicating authority may–

(a) treat the claim as if it were made for a period beginning on 7th April 1992; and

(b) award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement on 7th April 1992.

(2) An award under paragraph (1)(b) shall be reviewed by the adjudicating authority if the requirements for entitlement are found not to have been satisfied on7th April 1992.”