Regulation 19 General power to extend fixed term period awards of disability living allowance

England, Wales and Scotland

(1)

Where there is an award of disability living allowance to a DLA entitled person and—

(a)

the award is of—

(i)

both components and the award in respect of either or both is for a fixed term period, or

(ii)

one component only and for a fixed term period, and

(b)

the Secretary of State considers that the fixed term period may expire F1while the DLA entitled person is an exempt person to whom a notification cannot be sent by virtue of regulation 3(4A) or (5B), or before an assessment determination can be made,

the Secretary of State may extend the period by such further period as the Secretary of State considers appropriate.

(2)

The Secretary of State may extend a fixed term period under paragraph (1)—

(a)

regardless of whether the person has yet made a claim for personal independence payment,

(b)

where the fixed term period has already been extended under regulation 18, and

(c)

on more than one occasion.

(3)

A fixed term period extended under paragraph (1) shall expire—

(a)

on the last day of the period by which the Secretary of State extended or last extended it, or

(b)

where these Regulations have the effect that the person's entitlement to disability living allowance terminates on an earlier day, on that day.

Annotations

Textual amendments

F1: Words in reg. 19(1)(b) inserted (29.6.2016) by The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations 2016 (S.I. 2016/556), regs. 1(2), 4(4)