SCHEDULE 1 PERSONS AGED 65 AND OVER
F12Revision or supersession of an award made before person attained 651
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 F13is made in accordance with section 9 of the 1998 Act or section 10 of that Act for that award to be revised or superseded; and
d
an adjudicating authority is satisfied that the decision awarding disability living allowance ought to be F14revised or superseded.
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 F15revision or supersession is made.
3
Where the adjudicating authority determining the application F16... is satisfied that the decision ought to be F17superseded 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.
F18Revision or supersession of an award other than a review to which paragraph 1 refers2
References in the following paragraphs of this Schedule to a F19revision or supersession of an award refer only to those reviews where the awards which are being F20revised or superseded were made–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 F21superseded 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 component3
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authority is satisfied that the decision awarding it ought to be F22revised under section 9 of the 1998 Act or superseded under section 10 of that Act; or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Where a person was entitled on the previous award or on the award F23being revised or superseded to the care component payable–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.
Invalid Vehicle Scheme4
1
Where–
a
a certificate issued in respect of a person under section 13(1) of the Social Security (Miscellaneous Provisions) Act 1977 F1 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 F9section 46(1) of the NHS Act of 1978 or paragraph 9 of Schedule 1 to the NHS Act of 2006 or paragraph 9 of Schedule 1 to the NHS (Wales) Act of 2006, 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, F4section 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.
Age 65 or over and entitled to mobility component5
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 100A, 100B 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 F5section 73 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 component6
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 F10revised under section 9 of the or superseded under section 10 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, but in determining the person’s entitlement to that component F6section 73(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 component7
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 F11revised under section 9 of the or superseded under section 10 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 under F7section 72(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, F7section 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 were omitted.
SCHEDULE 2 INVALID VEHICLE SCHEME
Interpretation1
In this Schedule, unless the context otherwise requires,–
“the 1977 Act” means the Social Security (Miscellaneous Provisions) Act 1977 F2 ;
“vehicle scheme beneficiary” means any person of a class specified in section 13(3)(a), (c) or (d) of the 1977 Act or any person of the class specified in section 13(3)(b) of the 1977 Act whose application was approved on or after 1st January 1976 and, where an invalid carriage or other vehicle was provided or as the case may be applied for, is a person of any such class in respect of whom the invalid carriage or other vehicle provided or applied for was a vehicle–
a
propelled by a petrol engine or by an electric motor,
b
supplied for use on a public road, and
c
to be controlled by the occupant;
“certificate” means a certificate issued in accordance with paragraph 3.
Prescribed periods for purposes of section 13(3)(c) of the 1977 Act2
For the purposes of section 13(3)(c) of the 1977 Act–
a
the prescribed period before 1st January 1976 shall be that commencing with 31st January 1970 and ending with 31st December 1975; and
b
the prescribed period after 1st January 1976 shall be that commencing with 2nd January 1976 and ending with 31st March 1978.
Issue of certificates3
1
The Secretary of State shall issue a certificate in the form approved by him in respect of any person–
a
who has made an application for a certificate in the form approved by the Secretary of State; and
b
whom the Secretary of State considers satisfies the conditions specified in sub-paragraph (2).
2
The conditions specified in this sub-paragraph are that–
a
the person is a vehicle scheme beneficiary; and
b
his physical condition has not improved to such an extent that he no longer satisfies the conditions which it was necessary for him to satisfy in order to become a vehicle scheme beneficiary.
Duration and cancellation of certificates4
1
Subject to sub-paragraph (2) the period during which a certificate is in force shall commence on the day specified in the certificate as being the date on which it comes into force and shall continue for the life of the person concerned.
2
If in any case the Secretary of State determines that the condition specified in paragraph 3(2)(b) is not satisfied, the certificate shall cease to be in force from the date of such non-satisfaction as determined by the Secretary of State (or such later date as appears to the Secretary of State to be reasonable in the circumstances).
Application of these Regulations in relation to vehicle scheme beneficiaries5
In relation to a person in respect of whom a certificate is in force these Regulations shall have effect as though regulation 2(1)(a)(iii) were omitted.
Sch. 3 omitted (8.4.2002) by virtue of Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), regs. 1, 4(c)