Regulation 8 Insertion of regulation 13C

After regulation 13B there shall be inserted the following regulation–

“Further claim for and award of disability living allowance

13C

(1)

A person entitled to an award of disability living allowance may make a further claim for disability living allowance during the period of 6 months immediately before the existing award expires.

(2)

Where a person makes a claim in accordance with paragraph (1) the adjudicating authority may–

(a)

treat the claim as if made on the first day after the expiry of the existing award (“the renewal date”); and

(b)

award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement on the renewal date.

(3)

An award under paragraph (2)(b) shall be reviewed by the adjudicating authority if the requirements for entitlement are found not to have been satisfied on the renewal date.”.