PART II GENERAL
Conditions as to residence and presence in Great Britain2.
(1)
Subject to the following provisions of this regulationF1and regulations F22A, 2B and 2C, the prescribed conditions for the purposes of F3section 71(6) of the Act as to residence and presence in Great Britain in relation to any person on any day shall be that–
(a)
on that day–
(i)
F6(ib)
he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to disability living allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and
(ii)
he is present in Great Britain; and
F10(b)
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F11(1A)
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F12(1ZA)
A person to whom regulation 36(1) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.
F13(1ZB)
A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.
(2)
For the purposes of paragraph (1)(a)(ii) and (iii), notwithstanding that on any day a person is absent from Great Britain, he shall be treated as though he was present in Great Britain if his absence is by reason only of the fact that on that day–
(a)
he is abroad in his capacity as–
(i)
a serving member of the forces,
(ii)
and for the purpose of this provision, the expression “serving members of the forces” has the same meaning as in regulation 1(2) of the Regulations of F162001; or
(b)
(c)
he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, F19civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; or
F20(d)
he is temporarily absent from Great Britain and that absence has not lasted for a continuous period exceeding 13 weeks.
F21(e)
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F22(3)
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F23(3A)
A person shall be treated as habitually resident in Great Britain for the purpose of paragraph (1)(a)(i) where—
(a)
he is resident outside Great Britain in his capacity as a serving member of the forces and for this purpose “serving member of the forces” has the meaning given in regulation 1(2) of the Social Security (Contributions) Regulations 2001; or
(b)
he is living with a person mentioned in paragraph (a) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person.
F24(3B)
Where a person is temporarily absent from Great Britain, he is treated as present in Great Britain for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—
(a)
this absence is solely in connection with arrangements made for the medical treatment of him for a disease or bodily or mental disablement which commenced before he left Great Britain; and
(b)
the arrangements referred to in sub-paragraph (a) relate to medical treatment–
(i)
outside Great Britain,
(ii)
during the period whilst he is temporarily absent from Great Britain, and
(iii)
by, or under the supervision of, a person appropriately qualified to carry out that treatment, and
“medical treatment” means medical, surgical or rehabilitative treatment (including any course or diet or regimen), and references to a person receiving or submitting to medical treatment are to be construed accordingly.
F25(3C)
For the purpose of paragraph (2)(d) and (3B) a person is “temporarily absent” if, at the beginning of the period of absence, that absence is unlikely to exceed 52 weeks.
(4)
Where a person is terminally ill and–
(a)
makes a claim for disability living allowance; or
(b)
an application is made for a F26revision under section 9 of the 1998 Act or supersession under section 10 of that Act of his award of disability living allowance, expressly on the ground that he is such a person, paragraph (1) shall apply to him as if head (iii) of sub-paragraph (a) was omitted.
(5)
Paragraph (1) shall apply in the case of a child under the age of 6 months as if in head (iii) of sub-paragraph (a) for the reference to F27104 weeks there was substituted a reference to 13 weeks.
(6)
Where in any particular case a child has by virtue of paragraph (5), entitlement to the care component immediately before the day he attains the age of 6 months, then until the child attains the age of 12 months, head (iii) of sub-paragraph (a) of paragraph (1) shall continue to apply in his case as if for the reference to F28104 weeks there was substituted a reference to 13 weeks.
F29(7)
Paragraph (1) shall apply in the case of a child who is over the age of 6 months but who has not exceeded the age of 36 months as if in head (iii) of sub-paragraph (a) for the reference to 104 weeks there was substituted a reference to 26 weeks.
F30 Persons residing in Great Britain to whom a relevant EU Regulation applies 2A.
(1)
Regulation 2(1)(a)(iii) shall not apply where on any day—
(a)
the person is habitually resident in Great Britain;
(b)
a relevant EU Regulation applies; and
(c)
the person can demonstrate a genuine and sufficient link to the United Kingdom social security system.
(2)
For the purpose of paragraph (1)(b) and regulation 2B, “relevant EU Regulation” has the meaning given by section 84(2) of the Welfare Reform Act 2012.
Persons residing in an EEA state F31... or in Switzerland to whom a relevant EU Regulation applies 2B.
Regulation 2(1)(a)(i) to (iii) shall not apply in relation to the care component where on any day—
(b)
a relevant EU Regulation applies; and
(c)
the person can demonstrate a genuine and sufficient link to the United Kingdom social security system.
F33F34Refugees and certain persons with leave to enter and remain in the United Kingdom2C.
(1)
Regulation 2(1)(a)(iii) shall not apply where the person has—
(a)
been granted refugee status or humanitarian protection under the immigration rules; F35...
(b)
leave to enter or remain in the United Kingdom as the dependant of a person granted refugee status or humanitarian protection under the immigration rules.
F36(c)
leave to enter or remain in the United Kingdom granted under the immigration rules by virtue of—
(i)
the Afghan Relocations and Assistance Policy, or
(ii)
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme),
(d)
been granted discretionary leave outside the immigration rules as a dependant of a person referred to in sub-paragraph (c), F37...
F39(f)
leave to enter or remain in the United Kingdom granted under or outside the immigration rules F40or a rightF40, a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971 F41or does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, where the person—
(i)
was residing in Ukraine immediately before 1st January 2022; and
(ii)
left Ukraine in connection with the Russian invasion which took place on 24th February 2022.
F42(1A)
Regulation 2(1)(a)(i) shall not apply where F43any sub-paragraph in paragraph (1) applies to the person.
F44(2)
For the purposes of this regulation “immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971.
F44(2)
For the purposes of this regulation—
- (a)
“immigration rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971,
- (b)
“the Afghan Citizens Resettlement Scheme” means the scheme announced by the United Kingdom Government on 18 August 2021.
Age 65 or over3.
(1)
A person shall not be precluded from entitlement to either component of disability living allowance by reason only that he has attained the age of 65 years, F45if he is a person to whom paragraphs (2) and (3) apply.
F46(a)
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F47(b)
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F48(c)
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F49(d)
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(2)
Paragraph (3) applies to a person who–
(a)
made a claim for disability living allowance before he attained the age of 65, which was not determined before he attained that age, and
(b)
did not at the time he made the claim have an award of disability living allowance for a period ending on or after the day he attained the age of 65.
(3)
In determining the claim of a person to whom this paragraph applies, where the person otherwise satisfies the conditions of entitlement to either or both components of disability living allowance for a period commencing before his 65th birthday (other than the requirements of section F50section 72(2)(a), or, as the case may be, section F51section 73(9)(a) of the Act (3 months qualifying period)), the determination shall be made without regard to the fact that he is aged 65 or over at the time the claim is determined.
F52(3A)
A person shall not be precluded from entitlement to the care component of disability living allowance by reason only that he has attained the age of 65 years if the claim is treated as made on 18th October 2007 in accordance with regulation 6(35) of the Social Security (Claims and Payments) Regulations 1987 (date of claim).
(4)
Schedule 1, which makes further provision for persons aged 65 or over shall have effect.
Rate of Benefit4.
(1)
The three weekly rates of the care component are–
(2)
The two weekly rates of the mobility component are–
Late claim by a person previously entitledF60 5.
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F61Medical examination in prescribed circumstancesF625A.
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F63Withholding of benefit in prescribed circumstancesF645B.
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F65Payment of withheld benefitF665C.
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