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There are currently no known outstanding effects for the The Social Security (Disability Living Allowance) Regulations 1991, Paragraph 3.
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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authority is satisfied that the decision awarding it ought to be [F1revised under section 9 of the 1998 Act or superseded under section 10 of that Act]; or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(2) Where a person was entitled on the previous award or on the award [F2being revised or superseded] to the care component payable–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, [F3section 72] 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.
Textual Amendments
F1Words in Sch.1, para. 3(1)(a) substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(i), Reg.1
F2Words in Sch.1, para. 3(2) substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(j), Reg.1
F3 Words in Sch. 1 para. 3(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(4)
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