OpenLegislation

The Social Security (Disability Living Allowance) Regulations 1991

S.I. 1991/2890 · Made 18 December 1991 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2026.

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

1991 c.21 .

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

  1. Part I: INTRODUCTION
  2. 1Citation, commencement and interpretation
  3. 1ZARegulations 2 and 2ZA: the status condition and the award condition Repealed
  4. 1ADisapplication of section 1(1A) of the Administration Act
  5. Part II: GENERAL
  6. 2Conditions as to residence and presence in Great Britain
  7. 2ZAPersons who are entitled to disability living allowance: effect of move to Scotland
  8. 2ZBPersons with an ongoing claim for disability living allowance: effect of move to Scotland
  9. 2APersons residing in Great Britain to whom a relevant EU Regulation applies
  10. 2BPersons residing in an EEA state ... or in Switzerland to whom a relevant EU Regulation applies
  11. 2CRefugees and certain persons with leave to enter and remain in the United Kingdom
  12. 3Age 65 or over
  13. 4Rate of Benefit
  14. 5Late claim by a person previously entitled Repealed
  15. 5AMedical examination in prescribed circumstances Repealed
  16. 5BWithholding of benefit in prescribed circumstances Repealed
  17. 5CPayment of withheld benefit Repealed
  18. Part III: CARE COMPONENT
  19. 6Qualifying period for care component after an interval
  20. 7Renal Dialysis
  21. 8Hospitalisation of persons aged 18 or over
  22. 9Persons in care homes
  23. 9APersons to whom regulations 9 and 10 apply with modifications Repealed
  24. 10Exemption from regulation 8 and 9
  25. 10AAdjustment of allowance where medical expenses are paid from public funds under war pensions instruments
  26. 10BExemption from regulation 10A
  27. 10CPrescribed circumstance for entitlement to the care component
  28. Part IV: MOBILITY COMPONENT
  29. 11Qualifying period for mobility component after an interval
  30. 12Entitlement to the mobility component
  31. 12AHospitalisation of persons aged 18 or over in mobility component cases
  32. 12BExemption from regulation 12A
  33. 12CAdjustment of benefit to certain persons exempted from regulation 12A
  34. 13Invalid Vehicle Scheme
  35. Signature
  36. Schedule 1: PERSONS AGED 65 AND OVER
  37. 1Revision or supersession of an award made before person attained 65
  38. 2Revision or supersession of an award other than a review to which paragraph 1 refers
  39. 3Age 65 and over and entitled to the care component
  40. 4Invalid Vehicle Scheme
  41. 5Age 65 or over and entitled to mobility component
  42. 6Aged 65 or over and award of lower rate mobility component
  43. 7Award of care component where person entitled to mobility component
  44. Schedule 2: INVALID VEHICLE SCHEME
  45. 1Interpretation
  46. 2Prescribed periods for purposes of section 13(3)(c) of the 1977 Act
  47. 3Issue of certificates
  48. 4Duration and cancellation of certificates
  49. 5Application of these Regulations in relation to vehicle scheme beneficiaries
  50. Schedule 3: PERSONS TO WHOM REGULATIONS 9 AND 10 APPLY WITH MODIFICATIONS
  51. Explanatory note