The Social Security (Disability Living Allowance) Regulations 1991

Qualifying period for care component after an interval

6.—(1) The period prescribed for the purposes of section 37ZB(2)(a)(ii) of the Act is a period of 3 months ending on the day on which the person was last entitled to the care component or to attendance allowance where that day falls not more than 2 years before the date on which entitlement to the care component would begin, or would have begun but for any regulations made under section 51(1)(m) of the 1986 Act (which enables regulations to provide for the day on which entitlement to benefit is to begin or end).

(2) Except in a case to which paragraph (3) applies, this regulation shall apply to a person to whom paragraph 3 or 7 of Schedule 1 refers as if for the reference to 3 months there was substituted a reference to 6 months.

(3) Paragraph (1) and not paragraph (2), shall apply to those persons referred to in paragraph (2) who, on the day before they attained the age of 65, had already completed the period of 3 months referred to in paragraph (1).

(4) For the purposes of paragraph (3), the modification made in Schedule 1–

(a) in paragraph 3(2) and 7(2), to section 37ZB(2)(a) of the Act, and

(b) in paragraph 5(2), to section 37ZC(9)(a) of the Act,

shall be treated as not having been made.