OpenLegislation

Regulation 13C Further claim for and award of disability living allowance or attendance allowanceF1F2

England, Wales and Scotland

(1)

A person entitled to an award of disability living allowance or attendance allowance may make a further claim for disability living allowance or attendance allowance, as the case may be, 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 F3Secretary of State 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)

F4A decision pursuant to paragraph (2)(b) to award benefit may be revised under section 9 of the Social Security Act 1998 if the requirements for entitlement are found not to have been satisfied on the renewal date.

Annotations

Textual amendments

F1

Reg. 13C inserted (3.2.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 8

F2

Reg. 13C(1) and words in heading substituted (18.3.2005) by The Social Security, Child Support and Tax Credits (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/337), regs. 1, 7(5)

F3

Words in reg. 13C(2) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 5

F4

Words in reg. 13C(3) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 6 para. 6 (with reg. 3(1)(b), Schs. 21-23)

Notes on the whole SI

Textual amendments

F1

Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)