PART VIE+W+S[F1MOBILITY COMPONENT OF DISABILITY LIVING ALLOWANCE AND DISABILITY LIVING ALLOWANCE FOR CHILDREN]

Textual Amendments

ChildrenE+W+S

43.—(1) In any case where a claim for [F2disability living allowance] for a child is received by the Secretary of State, he shall, in accordance with the following provisions of this regulation, appoint a person to exercise, on behalf of that child, any right to which he may be entitled under the Social Security Act 1975 in connection with [F2disability living allowance] and to receive and deal on his behalf with any sums payable by way of [F2that allowance].

[F3(1A) Subject to paragraph (1B), where a person has been appointed by the Scottish Ministers under section 85A(1) of the 2018 Scotland Act in connection with the determination of assistance under section 24 of that Act (whether or not including an appointment to receive assistance on behalf of the child), the Secretary of State may, if the person agrees, treat that person as if she had appointed them under paragraph (1).

(1B) Paragraph (1A) does not apply if the person appointed by the Scottish Ministers does not satisfy the conditions in paragraph (2).]

(2) Subject to the following provisions of this regulation, a person appointed by the Secretary of State under this regulation to act on behalf of the child shall–

(a)be a person with whom the child is living; and

(b)be over the age of 18 [F4or, if the person is a parent of the child and living with him, be over the age of 16]; and

(c)be either the father or mother of the child, or, if the child is not living with either parent, be such other person as the Secretary of State may determine; and

(d)have given such undertaking as may be required by the Secretary of State as to the use, for the child's benefit, of any allowance paid.

(3) For the purpose of paragraph (2)(a), a person with whom a child has been living shall, subject to paragraph (4) and to the power of the Secretary of State to determine in any case that the provisions of this paragraph should not apply, be treated as continuing to live with that child during any period–

(a)during which that person and the child are separated but such separation has not lasted for a continuous period exceeding [F512 weeks]; or

(b)during which the child is absent by reason only of the fact that he is receiving full-time education at a school; or

(c)during which the child is absent and undergoing medical or other treatment as an in-patient in a hospital or similar institution; or

(d)during such other period as the Secretary of State may in any particular case determine:

Provided that where the absence of the child under (b) has lasted for a continuous period of 26 weeks or the child is absent under (c), that person shall only be treated as continuing to live with that child if he satisfies the Secretary of State that he has incurred, or has undertaken to incur, expenditure for the benefit of the child of an amount not less than the allowance payable in respect of such period of absence.

(4) Where a child, in respect of whom an allowance is payable, is, by virtue of any provision of an Act of Parliament–

(a)committed to, or received into the care of, a local authority; or

(b)subject to a supervision requirement and residing in a residential establishment under arrangements made by a local authority in Scotland;

any appointment made under the foregoing provisions of this regulation shall terminate forthwith:

Provided that, when a child is committed to, or received into, care or is made subject to a supervision requirement for a period which is, and when it began was, not intended to last for more than [F612 weeks] the appointment shall not terminate by virtue of this paragraph until such period has lasted for [F612 weeks] .

(5) In any case where an appointment on behalf of any child in the care of, or subject to a supervision requirement under arrangements made by, a local authority is terminated in accordance with paragraph (4), the Secretary of State may, upon application made to him by that local authority or by an officer of such authority nominated for the purpose by that authority, appoint the local authority or nominated officer thereof or appoint such other person as he may, after consultation with the local authority, determine, to exercise on behalf of the child any right to which that child may be entitled under the Act in connection with the allowance and to receive and deal on his behalf with any sums payable to him by way of [F7disability living allowance] for any period during which he is in the care of, or, as the case may be, subject to a supervision requirement under arrangements made by, that authority.

(6) Where a child is undergoing medical or other treatment as an in-patient in a hospital or similar institution and there is no other person to whom [F8disability living allowance] may be payable by virtue of an appointment under this regulation, the Secretary of State may, upon application made to him by the [F9health authority][F10, National Health Service Trust][F11, NHS foundation trust] or, as the case may be, social services authority, controlling the hospital or similar institution in which the child is an in-patient, or by an officer of that authority [F12or Trust] nominated for the purpose by the authority [F13or Trust], appoint that authority [F14or Trust] or the nominated officer thereof or such other person as the Secretary of State may, after consultation with that authority [F15or Trust], determine, to exercise on behalf of the child any right to which that child may be entitled in connection with the allowance and to receive and deal on his behalf with any sums payable to him by way of [F8disability living allowance] for any period during which he is an in-patient in a hospital or similar institution under the control of that authority [F16or Trust].

(7) For the purposes of this regulation–

[F17“child” means a person under the age of 16;]

“child's father” and “child's mother” include a person who is a child's father or mother by adoption or would be such a relative if an illegitimate child had been born legitimate;

F18...

[F19“health authority” means—

(a)

F20...

(b)

in relation to Wales, a Health Authority established under section 8 of that Act; and

(c)

in relation to Scotland, a Health Board within the meaning of the National Health Service (Scotland) Act 1978;]

“hospital or similar institution” means any premises for the reception of and treatment of person suffering from any illness, including any mental disorder, or of persons suffering from physical disability, and any premises used for providing treatment during convalescence or for medical rehabilitation;

“local authority” means, in relation to England and Wales, a local authority as defined in the Local Government Act 1972 M1 and, in relation to Scotland, a local authority as defined in the Local Government (Scotland) Act 1973 M2;

“social services authority” means–

(a)

in relation to England and Wales, the social services committee established by a local authority under section 2 of the Local Authority Social Services Act 1970 M3; and

(b)

in relation to Scotland, the social work committee established by a local authority under section 2 of the Social Work (Scotland) Act 1968 M4.

Textual Amendments

Marginal Citations