the condition specified in subsection (2) below (“the day attendance condition”), or

the condition specified in subsection (3) below (“the night attendance condition”),

frequent attention throughout the day in connection with his bodily functions, or

continual supervision throughout the day in order to avoid substantial danger to himself or others.

he requires from another person prolonged or repeated attention in connection with his bodily functions, or

in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him.

a period throughout which he has satisfied or is likely to satisfy the day or the night attendance condition or both; and

a period preceded immediately, or within such period as may be prescribed, by one of not less than 6 months throughout which he satisfied, or is likely to satisfy, one or both of those conditions.

a claim for an attendance allowance may be made during the period of 6 months immediately preceding the period for which the person to whom the claim relates is entitled to the allowance; and

the period for which he is entitled to attendance allowance shall be F8so much of the period for which he is terminally ill as does not fall before the date of the claim.

a person is “terminally ill” at any time if at that time he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months; and

where a person purports to make a claim for an attendance allowance by virtue of that subsection on behalf of another, that other shall be regarded as making the claim, notwithstanding that it is made without his knowledge or authority.

in pursuance of Article 5, 7, 15 or 36 of the M1Health and Personal Social Services (Northern Ireland) Order 1972 ;

in circumstances in which the cost is, or may be, borne wholly or partly out of public or local funds, in pursuance of those enactments or of any other enactment relating to persons under disability.

he is regularly and substantially engaged in caring for that person;

he is not gainfully employed; and

the severely disabled person is either such relative of his as may be prescribed or a person of any such other description as may be prescribed.

the end of the week in which he ceases to satisfy any other requirement as to entitlement to the allowance; or

the expiry of the period of 8 weeks beginning with the Sunday following the death (or beginning with the date of death if the death occurred on a Sunday),

as they may jointly elect in the prescribed manner, or

as may, in default of such an election, be determined by the Department in its discretion.

the highest rate, if he falls within subsection (2) above by virtue of having satisfied or being likely to satisfy both the conditions mentioned in subsection (1)(b) and (c) above throughout both the period mentioned in paragraph (a) of subsection (2) above and that mentioned in paragraph (b) of that subsection;

the middle rate, if he falls within that subsection by virtue of having satisfied or being likely to satisfy one or other of those conditions throughout both those periods; and

the lowest rate in any other case.

to have satisfied the conditions mentioned in subsection (1)(b) and (c) above for the period of 3 months immediately preceding the date of the claim, or, if later, the first date on which he is terminally ill (so however that the care component shall not be payable by virtue of this paragraph for any period preceding that date); and

to satisfy or to be likely to satisfy those conditions F18for so much of the period for which he is terminally ill as does not fall before the date of the claim.

sub-paragraph (ii) of subsection (1)(a) above shall be omitted; and

in pursuance of Article 5, 7, 15 or 36 of the M2Health and Personal Social Services (Northern Ireland) Order 1972; or

in circumstances in which the cost is, or may be, borne wholly or partly out of public or local funds, in pursuance of those enactments or of any other enactment relating to persons under disability or to young persons or to education or training.

he is suffering from physical disablement such that he is either unable to walk or virtually unable to do so;

he falls within subsection (2) below;

he falls within subsection (3) below; or

he is able to walk but is so severely disabled physically or mentally that, disregarding any ability he may have to use routes which are familiar to him on his own, he cannot take advantage of the faculty out of doors without guidance or supervision from another person most of the time.

in relation to the conditions mentioned in paragraph (a),

or (c) of that subsection, the age of 3;

in relation to the conditions mentioned in paragraph (d) of that subsection, the age of 5.

he is both blind and deaf; and

he satisfies such other conditions as may be prescribed.

he is severely mentally impaired; and

he displays severe behavioural problems; and

he satisfies both the conditions mentioned in section 72(1)(b) and (c) above.

he requires substantially more guidance or supervision from another person than persons of his age in normal physical and mental health would require; or

persons of his age in normal physical and mental health would not require such guidance or supervision.

the higher rate, if he falls within subsection (9) above by virtue of having satisfied or being likely to satisfy one or other of the conditions mentioned in subsection (1)(a), (b) and (c) above throughout both the period mentioned in paragraph (a) of subsection (9) above and that mentioned in paragraph (b) of that subsection; and

the lower rate in any other case.

subsection (9)(a) above shall be omitted; and

subsection (11)(a) above shall have effect as if for the words from “both” to “subsection”, in the fourth place where it occurs, there were substituted the words “ the period mentioned in subsection (9)(b) above ”.

of an invalid carriage or other vehicle provided under Article 30(1) of the M3Health and Personal Social Services (Northern Ireland) Order 1972 or provided by the Secretary of State under section 5(2)(a) of the M4National Health Service Act 1977 and Schedule 2 to that Act or under section 46 of the M5National Health Service (Scotland) Act 1978; or

of any prescribed description of appliance supplied under that Order being such an appliance as is primarily designed to afford a means of personal and independent locomotion out of doors,

was on 1st January 1976 in possession of an invalid carriage or other vehicle provided in pursuance of Article 30 of the M6Health and Personal Social Services (Northern Ireland) Order 1972 (which relates to vehicles for persons suffering from physical defect or disability) or receiving payments in pursuance of paragraph (3) of that Article;

had at that date, or at a later date specified by the Department made an application which the Department approved for such a carriage or vehicle or for such payments;

was, both at some time during a prescribed period before that date and at some time during a prescribed period after that date, in possession of such a carriage or vehicle or receiving such payments; or

would have been, by virtue of any of the preceding paragraphs, a person to whom this section applies but for some error or delay for which in the opinion of the Department the person was not responsible and which was brought to the attention of the Department within the M7period of one year beginning with 30th March 1977 (the date of the making of the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977, Article 10 of which made provision corresponding to the provision made by this section).

shall have effect subject to modifications, additions or amendments; or

shall not have effect.

a person purports to make a claim for a disability living allowance on behalf of another; and

the claim is made expressly on the ground that the person on whose behalf it purports to be made is terminally ill,

he is entitled to child benefit in respect of that child, and

the circumstances are any of those specified in subsection (2) below;

that both of the child’s parents are dead;

that one of the child’s parents is dead and the person claiming a guardian’s allowance shows that he was at the date of the death unaware of, and has failed after all reasonable efforts to discover, the whereabouts of the other parent; or

that one of the child’s parents is dead and the other is in prison.

that the beneficiary would be treated for the purposes of Part IX of this Act as having the child living with him; or

that the requisite contributions are being made to the cost of providing for the child.

except in prescribed cases, the contributions are over and above those required for the purpose of satisfying section 139(1)(b) below.

may modify subsection (2) or (3) above in relation to cases in which a child has been adopted or is illegitimate, or the marriage of a child’s parents has been terminated by divorce;

shall prescribe the circumstances in which a person is to be treated for the purposes of this section as being in prison (by reference to his undergoing a sentence of imprisonment for life or of a prescribed minimum duration, or to his being in legal custody in prescribed circumstances); and

has adopted a child; and

was entitled to guardian’s allowance in respect of the child immediately before the adoption,

is over pensionable age; and

satisfies such other conditions as may be prescribed,

he is not entitled to a Category A, Category B or Category C retirement pension; or

he is entitled to such a pension, but it is payable at a weekly rate which, disregarding those elements specified in subsection (4) below, is less than the appropriate weekly rate.

any additional pension;

any graduated retirement benefit; and

any increase (for dependants) under section F22... 83 or 85 below.

shall be the higher rate so specified in any other case.

to a widow whose husband was over pensionable age on 5th July 1948; or

to a woman whose marriage to a husband who was over pensionable age on that date was terminated otherwise than by his death,

he is over the age of 80; and

he fulfils such other conditions as may be prescribed,