Regulation 20 Amendment of Schedule 4 to the Income Support RegulationsI1

for head (b) of sub-paragraph (2)^f1 there shall be substituted the following head—

“(b)

he—

(i)

is entitled to attendance allowance at the higher rate in accordance with section 65(3) of the Contributions and Benefits Act, or the care component of disability living allowance at the highest rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act, or

(ii)

has made a claim for attendance allowance or disability living allowance and, in respect of that claim, a decision has been made that he satisfies the disability conditions, but he has not yet completed the qualifying period for that benefit; or”;

after sub-paragraph (2) there shall be added the following sub-paragraph—

“(3)

In this paragraph—

(a)

“the disability conditions” means—

(i)

in the case of attendance allowance, the conditions in section 64(2) and (3) of the Contributions and Benefits Act; and

(ii)

in the case of disability living allowance, the conditions in section 72(1)(b) and (c) of the Contributions and Benefits Act;

(b)

“the qualifying period” means—

(i)

in the case of attendance allowance, the period specified in section 65(1)(b) of the Contributions and Benefits Act; and

(ii)

in the case of disability living allowance, the period specified in section 72(2)(a) of the Contributions and Benefits Act.”.