The Social Security (Disability Living Allowance) Regulations 1991

[F1 Exemption from regulation 12A E+W+S

12B.— (1) Subject to paragraph (2), regulation 12A shall not apply to a person—

(a) for the first 28 days; F2

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

of any period throughout which he is a person to whom paragraph (10) applies.

(2) Where, on the day on which a person’s entitlement to the mobility component commences, he is a person to whom paragraph (10) applies, paragraph (1) shall not apply to him for any period of consecutive days, beginning with that day, in which he continues to be a person to whom paragraph (10) applies.

(3) For the purposes of paragraphs [F3 (1), (4), (7), (8) and (8A)], two or more distinct periods separated by an interval not exceeding 28 days, or by two or more such intervals, shall be treated as a continuous period equal in duration to the total of such distinct periods and ending on the last day of the later or last such period.

(4) Subject to paragraph (5) and regulation 12C, where—

(a) immediately before 31st July 1996, a person has, for a continuous period of not less than 365 days, been a person to whom paragraph (10) applies and in receipt of the mobility component and on 31st July 1996 is a person to whom that paragraph applies; or

(b) on a day not more than 28 days prior to 31st July 1996, a person has, for a continuous period of not less than 365 days, been a person to whom paragraph (10) applies and in receipt of the mobility component, and on or after 31st July 1996 and not more than 28 days after the last day of the previous distinct period during which that paragraph applies, becomes a person to whom that paragraph again applies,

regulation 12A shall not apply until such time as paragraph (10) first ceases to apply to him for more than 28 consecutive days.

(5)  Paragraph (4) shall not apply where on 31st July 1996 a person is detained under Part II or III of the Mental Health Act 1983 or [F4 Part 5, 6 or 7 or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or section 52D or 52M of the Criminal Procedure (Scotland) Act 1995]

(6) Where, on a day after 31st July 1996, a person—

(a) becomes detained under Part II or III of the Mental Health Act 1983 or [F5 Part 5, 6 or 7 or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or section 52D or 52M of the Criminal Procedure (Scotland) Act 1995 ] ; or

(b) ceases to be entitled to the mobility component,

paragraph (4) shall cease to be applicable to that person and shall not again become applicable to him.

[F6 (7)  Subject to regulation 12C, where on 8th April 2013, paragraph (10) applies to a person and a Motability agreement entered into by or on behalf of that person is in force, regulation 12A shall, for the period following that referred to in paragraph (1)(a) F7 ..., continue not to apply to that person for the period that terminates in accordance with paragraph (8). ]

[F8 (8) The period referred to in paragraph (7) terminates-

(a) on the first day after 8th April 2013 on which paragraph (10) first ceases to apply to the person for more than 28 consecutive days;

(b) in accordance with paragraph (8A); or

(c) on 8th April 2016;

whichever is the earliest.]

[F9 (8A) The period referred to in paragraph (8)(b) terminates—

(a) in the case of the hire of a vehicle—

(i) where the vehicle is returned to the owner before the expiration of the current term of hire, on the date that the vehicle is returned to the owner;

(ii) where the vehicle is returned to the owner at the expiration of the current term of hire, on expiry of the current term of hire;

(iii) where the vehicle is retained with the owner’s consent by or on behalf of the person after the expiration of the current term of hire, on expiry of the current term of hire;

(iv) where the vehicle is retained otherwise than with the owner’s consent by or on behalf of the person after the expiration of the current term of hire, on expiry of the current term of hire; or

(v) where the vehicle is retained otherwise than with the owner’s consent by or on behalf of the person after the date of an early termination of the current term of hire, on the date of that early termination; and

(b) in the case of a hire-purchase agreement—

(i) on the purchase of the vehicle;

(ii) where the vehicle is returned to the owner under the terms of the agreement before the completion of the purchase, on the date that the vehicle is returned to the owner; or

(iii) where the vehicle is repossessed by the owner under the terms of the agreement before the completion of the purchase, on the date of repossession.]

[F10 (8B) In paragraph (8A)(a) the “current term of hire” means the last term of hire that was agreed on or before 8th April 2013 but does not include any extension of that last term of hire after 8th April 2013.]

F11 ( 9 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (9A) Regulation 12A shall not apply in the case of a person who is residing in a hospice and is terminally ill where the Secretary of State has been informed that he is terminally ill—

(a) on a claim for disability living allowance;

(b) on an application for a [F13 revision under section 9 of the 1998 Act or supersession under section 10 of that Act ] of an award of disability living allowance; or

(c) in writing in connection with an award of, or a claim for, or an application for [F14 revision under section 9 of the 1998 Act or supersession under section 10 of that Act ] of an award of, disability living allowance. ]

(10) This paragraph refers to a person who is undergoing medical or other treatment in a hospital or other institution in any of the circumstances referred to in regulation 12A.

(11) For the purposes of paragraph (4), receipt of mobility allowance prior to 6th April 1992 shall be treated as receipt of the mobility component.

(12) In this regulation—

[F15 (za) “hospice” has the same meaning as that given in paragraph (7) of regulation 10;]

(a) “Motability agreement” means an agreement such as is referred to in regulation 44(1) of the Social Security (Claims and Payments) Regulations 1987 (payment of disability living allowance on behalf of a beneficiary in settlement of liability for payments under an agreement for the hire or hire-purchase of a vehicle);

(b) “Motability” means the company, set up under that name as a charity and originally incorporated under the Companies Act 1985 and subsequently incorporated by Royal Charter.]

Textual Amendments

F1 Reg. 12A to 12C inserted (31.7.96) by S.I. 1996/1436 reg. 1, 2

F2 Reg. 12B(1)(b) omitted (29.6.2016) by virtue of The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (S.I. 2016/556), regs. 1(2), 2(5)(a)

F3 Words in reg. 12B(3) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(11)(a)

F4 Words in reg. 12B(5) substituted (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 1(1), Sch. 2 para. 13(3)

F5 Words in reg. 12B(6)(a) substituted (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 1(1), Sch. 2 para. 13(3)

F6 Reg. 12B(7) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(11)(b)

F7 Words in reg. 12B(7) omitted (29.6.2016) by virtue of The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (S.I. 2016/556), regs. 1(2), 2(5)(b)

F8 Reg. 12B(8) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(11)(c)

F9 Reg. 12B(8A) inserted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(11)(d)

F10 Reg. 12B(8B) inserted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(11)(e)

F11 Reg. 12B(9) omitted (8.4.2013) by virtue of The Social Security (Disability Living Allowance, Attendance Allowance and Carers Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 4(11)(f)

F12 Reg. 12B(9A) inserted (31.7.96) by S.I. 1996/1767 reg. 2(2), reg. 1

F13 Words in reg. 12B(9A) (b) substituted (18.10.99) by S.I. 1999/2860, sch.7 para. 4, reg. 1

F14 Words in reg. 12B(9A) (c) substituted (18.10.99) by S.I. 1999/2860, sch.7 para. 4, reg. 1

F15 Reg. 12B(12)(za) inserted (31.7.96) by S.I. 1996/1767 reg. 2(3), reg. 1