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The Social Security (Disability Living Allowance) Regulations 1991
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- UK Statutory Instruments
- 1991 No. 2890
- PART II
- Regulation 3
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Age 65 or overE+W+S
3.—(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, [F1if he is a person to whom paragraphs (2) and (3) apply.]
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F6section 72](2)(a), or, as the case may be, section [F7section 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.
[F8(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.
Textual Amendments
F1words in reg. 3(1) substituted (6.10.97) by reg. 2 of S.I. 1997/349, reg. 2, reg 1
F2Reg 3(1)(a) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1
F3Reg 3(1)(b) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1
F4Reg 3(1)(c) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1
F5Reg 3(1)(d) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1
F6Words in reg. 3(3) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939), regs. 1(1), 2(4)
F7Words in reg. 3(3) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939), regs. 1(1), 2(5)
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