The Social Security (Disability Living Allowance) Regulations 1991
S.I. 1991/2890 · Made 18 December 1991 · Extends to England, Wales and Scotland
SOCIAL SECURITY
Made 18th December 1991
Coming into force 6th April 1992
Whereas a draft of this instrument was laid before Parliament in accordance with section 12(1) of the Disability Living Allowance and Disability Working Allowance Act 1991F1 and approved by resolution of each House of Parliament;
Now therefore the Secretary of State for Social Security, in exercise of the powers conferred by sections 37ZA(6), 37ZB(2), (3), (7) and (8), 37ZC, 37ZD, 37ZE(2), 85(1), 114(1) and 166(2) to (3A) of and Schedule 20 to the Social Security Act 1975F2, section 13 of the Social Security (Miscellaneous Provisions) Act 1977F3 and section 5(1) of the Disability Living Allowance and Disability Working Allowance Act 1991, and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made consequential upon section 1 of the Disability Living Allowance and Disability Working Allowance Act 1991, hereby makes the following Regulations:
Annotations to the whole text
Textual amendments
- F1
- F2
1975 c.14 . Sections 37ZA–37ZE were inserted in the Social Security Act 1975, by the Disability Living Allowance and Disability Working Allowance Act 1991; section 166 was amended by the Social Security Act 1989 (c.24) Schedule 8, paragraph 10(1); subsection (3A) was inserted in section 166 by the Social Security Act 1986 (c.50) , section 62(1) ; Schedule 20 is cited because of the meaning it ascribes to the words “Prescribed” and “Regulations”, and for the enabling power contained within the meaning of the word “Child”, which was inserted by the Child Benefit Act 1975 (c.61) , Schedule 4 , paragraph 38 .
- F3
1977 c.5 ; section 13 was amended by the Social Security Act 1979 (c.18) Schedule 3, paragraph 29(c) and the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) , section 4 , Schedule 2 , paragraph 8 .
Contents
- Part I: INTRODUCTION
- 1Citation, commencement and interpretation
- 1ZARegulations 2 and 2ZA: the status condition and the award condition Repealed
- 1ADisapplication of section 1(1A) of the Administration Act
- Part II: GENERAL
- 2Conditions as to residence and presence in Great Britain
- 2ZAPersons who are entitled to disability living allowance: effect of move to Scotland
- 2ZBPersons with an ongoing claim for disability living allowance: effect of move to Scotland
- 2APersons residing in Great Britain to whom a relevant EU Regulation applies
- 2BPersons residing in an EEA state ... or in Switzerland to whom a relevant EU Regulation applies
- 2CRefugees and certain persons with leave to enter and remain in the United Kingdom
- 3Age 65 or over
- 4Rate of Benefit
- 5Late claim by a person previously entitled Repealed
- 5AMedical examination in prescribed circumstances Repealed
- 5BWithholding of benefit in prescribed circumstances Repealed
- 5CPayment of withheld benefit Repealed
- Part III: CARE COMPONENT
- 6Qualifying period for care component after an interval
- 7Renal Dialysis
- 8Hospitalisation of persons aged 18 or over
- 9Persons in care homes
- 9APersons to whom regulations 9 and 10 apply with modifications Repealed
- 10Exemption from regulation 8 and 9
- 10AAdjustment of allowance where medical expenses are paid from public funds under war pensions instruments
- 10BExemption from regulation 10A
- 10CPrescribed circumstance for entitlement to the care component
- Part IV: MOBILITY COMPONENT
- 11Qualifying period for mobility component after an interval
- 12Entitlement to the mobility component
- 12AHospitalisation of persons aged 18 or over in mobility component cases
- 12BExemption from regulation 12A
- 12CAdjustment of benefit to certain persons exempted from regulation 12A
- 13Invalid Vehicle Scheme
- Signature
- Schedule 1: PERSONS AGED 65 AND OVER
- 1Revision or supersession of an award made before person attained 65
- 2Revision or supersession of an award other than a review to which paragraph 1 refers
- 3Age 65 and over and entitled to the care component
- 4Invalid Vehicle Scheme
- 5Age 65 or over and entitled to mobility component
- 6Aged 65 or over and award of lower rate mobility component
- 7Award of care component where person entitled to mobility component
- Schedule 2: INVALID VEHICLE SCHEME
- 1Interpretation
- 2Prescribed periods for purposes of section 13(3)(c) of the 1977 Act
- 3Issue of certificates
- 4Duration and cancellation of certificates
- 5Application of these Regulations in relation to vehicle scheme beneficiaries
- Schedule 3: PERSONS TO WHOM REGULATIONS 9 AND 10 APPLY WITH MODIFICATIONS
- Explanatory note