Section 71 Disability living allowance.
England, Wales and Scotland
Disability living allowance shall consist of a care component and a mobility component.
A person’s entitlement to a disability living allowance may be an entitlement to either component or to both of them.
A person may be awarded either component for a fixed period or F1for an indefinite period, but if his award of a disability living allowance consists of both components, he may not be awarded the components for different fixed periods.
The weekly rate of a person’s disability living allowance for a week for which he has only been awarded one component is the appropriate weekly rate for that component as determined in accordance with this Act or regulations under it.
The weekly rate of a person’s disability living allowance for a week for which he has been awarded both components is the aggregate of the appropriate weekly rates for the two components as so determined.
A person shall not be entitled to a disability living allowance unless he satisfies prescribed conditions as to residence and presence in Great Britain.
Annotations
Textual amendments
- F1
Words in s. 71(3) substituted (12.1.2000) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 67(1), 89(1); S.I. 1999/3309, art. 2(3)
- F2
S. 71(7) inserted (26.7.2021) by The Scotland Act 2016 (Social Security) (Consequential Provision) (Miscellaneous Amendment) Regulations 2021 (S.I. 2021/804), regs. 1(2), 2(2)
- F3
Words in s. 71(7) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Modifications) Order 2024 (S.I. 2024/1048), arts. 1(2), 2(3)
- F4
Words in s. 71(7) substituted (21.3.2022 with effect in accordance with reg. 1(1) of the amending S.I.) by The Scotland Act 2016 (Social Security) (Adult Disability Payment and Child Disability Payment) (Amendment) Regulations 2022 (S.I. 2022/335), reg. 2(3)
- F5
Words in s. 71(7) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Scottish Adult Disability Living Allowance) (Consequential Modifications) Order 2025 (S.I. 2025/224), arts. 1(2), 2(3)
Modifications
- C1
S. 71(7) excluded (29.8.2022) by The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022 (S.S.I. 2022/217), regs. 1(1), 7(2)(a)
- C2
S. 71(7) modified (S.) (21.3.2025) by The Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 (S.S.I. 2025/3), regs. 1, 20(14), 40(6)