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Section 71 Disability living allowance.

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Disability living allowance shall consist of a care component and a mobility component.

(2)

A person’s entitlement to a disability living allowance may be an entitlement to either component or to both of them.

(3)

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.

(4)

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.

(5)

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.

(6)

A person shall not be entitled to a disability living allowance unless he satisfies prescribed conditions as to residence and presence in Northern Ireland.

F2(7)

A person is not entitled to a disability living allowance while the person is entitled to—

(a)

child disability payment,

(b)

adult disability payment,F3...

(c)

pension age disability payment F4, or

F5(d)

Scottish adult disability living allowance.

Annotations

Textual amendments

F1

Words in s. 71(3) substituted (12.1.2000) by S.I. 1999/3147 (N.I. 11), art. 64(1); S.R. 1999/494, art. 2(3)

F2

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), 5(4)

F3

Word in s. 71(7)(b) omitted (21.3.2025) by virtue of The Social Security (Scotland) Act 2018 (Scottish Adult Disability Living Allowance) (Consequential Modifications) Order 2025 (S.I. 2025/224), arts. 1(2), 5(4)(a)

F4

Word in s. 71(7)(c) 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), 5(4)(b)

F5

S. 71(7)(d) 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), 5(4)(c)

Notes on Part III

Modifications

C1

Pt. III (ss. 63-79) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).

C2

Pt. III (ss. 63-79): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).