The Social Security (Disability Living Allowance) Regulations 1991

Regulation 3(4)

SCHEDULE 1 PERSONS AGED 65 AND OVER

Review of an award made before person attained 65

1.—(1) This paragraph applies where–

(a) a person is aged 65 or over;

(b) the person has an award of disability living allowance made before he attained the age of 65;

(c) an application in writing is made in accordance with section 1OOA(6) or 104A(3) of the Act for that award to be reviewed; and

(d) an adjudicating authority is satisfied that the decision awarding disability living allowance ought to be both reviewed and revised.

(2) Where paragraph (1) applies, the person to whom the award relates shall not, subject to paragraph (3), be precluded from entitlement to either component of disability living allowance solely by reason of the fact that he is aged 65 or over when the revised award is made.

(3) Where the adjudicating authority determining the application for review is satisfied that the decision ought to be reviewed on the ground that there has been a relevant change of circumstances since the decision was given, paragraph (2) shall apply only where the relevant change of circumstances occurred before the person attained the age of 65.

Reviews of an award other than a review to which paragraph 1 refers

2.  References in the following paragraphs of this Schedule to a review of an award refer only to those reviews where the awards which are being reviewed were made–

(a) on or after the date the person to whom the award relates attained the age of 65; or

(b) before the person to whom the award relates attained the age of 65 where the award is reviewed and revised by reference to a change in the person’s circumstances which occurred on or after the day he attained the age of 65.

Age 65 and over and entitled to the care component

3.—(1) This paragraph applies where a person on or after attaining the age of 65–

(a) is entitled to the care component and an adjudicating authority is satisfied that the decision awarding it ought to be revised on a review under section 1OOA, 1OOB or 104A of the Act; or

(b) makes a renewal claim for disability living allowance.

(2) Where a person was entitled on the previous award or on the award under review to the care component payable–

(a) at the lowest rate, that person shall not be precluded, solely by reason of the fact that he is aged 65 or over, from entitlement to the care component; or

(b) at the middle or highest rate, that person shall not be precluded, solely by reason of the fact that he has attained the age of 65, from entitlement to the care component payable at the middle or highest rate,

but in determining that person’s entitlement, section 37ZB of the Act shall have effect as if in paragraph (a) of subsection (2) of that section for the reference to 3 months there was substituted a reference to 6 months and paragraph (b) of that subsection was omitted.

(3) In this paragraph, a renewal claim is a claim made for a disability living allowance where the person making the claim had–

(a) within the period of 12 months immediately preceding the date the claim was made, been entitled under an earlier award to the care component or to attendance allowance (referred to in this paragraph as “the previous award”); and

(b) attained the age of 65 before that entitlement ended.

Invalid Vehicle Scheme

4.—(1) Where–

(a) a certificate issued in respect of a person under section 13(1) of the Social Security (Miscellaneous Provisions) Act 1977(1) is in force, or

(b) an invalid carriage or other vehicle is or was on or after 1st January 1976 made available to a person by the Secretary of State under section 5(2)(a) of the NHS Act of 1977 or section 46(1) of the NHS Act of 1978, being a carriage or other vehicle which is–

(i) propelled by a petrol engine or an electric motor;

(ii) provided for use on a public road; and

(iii) controlled by the occupant,

that person shall not be precluded from entitlement to mobility component payable at the higher rate specified in regulation 4(2)(a), or a care component payable at the highest or middle rate specified in regulation 4(1)(a) or (b), by reason only that he has attained the age of 65.

(2) In determining a person’s entitlement where paragraph (1) applies, section 37ZB of the Act shall have effect as if in paragraph (a) of subsection (2) of that section for the reference to 3 months there was substituted a reference to 6 months and paragraph (b) of that subsection was omitted.

Age 65 or over and entitled to mobility component

5.—(1) This paragraph applies where a person on or after attaining the age of 65 is entitled to the mobility component payable at the higher rate specified in regulation 4(2)(a), and–

(a) an adjudicating authority is satisfied that the decision giving effect to that entitlement ought to be revised on a review under section 1OOA, 1OOB or 104A of that Act, or

(b) the person makes a renewal claim for disability living allowance.

(2) A person to whom this paragraph applies shall not be precluded, solely by reason of the fact that he has attained the age of 65, from entitlement to the mobility component by virtue of having satisfied or being likely to satisfy one or other of the conditions mentioned in subsection (1)(a), (b) or (c) of section 37ZC of the Act.

(3) In this paragraph and paragraph 6 and 7 a renewal claim is a claim made for a disability living allowance where the person making the claim had–

(a) within the period of 12 months immediately preceding the date the claim was made been entitled under an earlier award to the mobility component (referred to in these paragraphs as “the previous award”); and

(b) attained the age of 65 before that entitlement ended.

Aged 65 or over and award of lower rate mobility component

6.—(1) This paragraph applies where a person on or after attaining the age of 65 is entitled to the mobility component payable at the lower rate specified in regulation 4(2) and–

(a) an adjudicating authority is satisfied that the decision giving effect to that entitlement ought to be revised on a review under section 1OOA, 1OOB or 104A of the Act, or

(b) the person makes a renewal claim for disability living allowance.

(2) A person to whom this paragraph applies shall not be precluded, solely by reason of the fact that he has attained the age of 65, from entitlement to the mobility component, but in determining the person’s entitlement to that component section 37ZC(11) of the Act shall have effect in his case as if paragraph (a), and the words “in any other case” in paragraph (b), were omitted.

Award of care component where person entitled to mobility component

7.—(1) This paragraph applies where a person on or after attaining the age of 65 is entitled to the mobility component and–

(a) an adjudicating authority is satisfied that the decision giving effect to that entitlement ought to be revised on a review under section 1OOA, 1OOB or 104A of the Act, or

(b) the person makes a renewal claim for disability living allowance.

(2) A person to whom this paragraph applies shall not be precluded solely by reason of the fact that he has attained the age of 65 from entitlement under section 37ZB(1) of the Act by virtue of having satisfied either the conditions mentioned in subsection (1)(b) or in subsection (1)(c), or in both those subsections, but in determining a person’s entitlement, section 37ZB of the Act shall have effect as if in paragraph (a) of subsection (2) of that section, for the reference to 3 months there was substituted a reference to 6 months and paragraph (b) of that subsection were omitted.

(1)

1977 c. 5.