OpenLegislation

Regulation 3 Age 65 or over

(1)

A person shall not be precluded from entitlement to either component of disability living allowance by reason only that he has attained the age of 65 years, F1if he is a person to whom paragraphs (2) and (3) apply.

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Paragraph (3) applies to a person who–

(a)

made a claim for disability living allowance before he attained the age of 65, which was not determined before he attained that age, and

(b)

did not at the time he made the claim have an award of disability living allowance for a period ending on or after the day he attained the age of 65.

(3)

In determining the claim of a person to whom this paragraph applies, where the person otherwise satisfies the conditions of entitlement to either or both components of disability living allowance for a period commencing before his 65th birthday (other than the requirements of section F6section 72(2)(a), or, as the case may be, section F7section 73(9)(a) of the Act (3 months qualifying period)), the determination shall be made without regard to the fact that he is aged 65 or over at the time the claim is determined.

F8(3A)

A person shall not be precluded from entitlement to the care component of disability living allowance by reason only that he has attained the age of 65 years if the claim   is treated as made on 18th October 2007 in accordance with regulation 6(35) of the Social Security (Claims and Payments) Regulations 1987 (date of claim).

(4)

Schedule 1, which makes further provision for persons aged 65 or over shall have effect.

Annotations

Textual amendments

F1

words in reg. 3(1) substituted (6.10.97) by reg. 2 of S.I. 1997/349, reg. 2, reg 1

F2

Reg 3(1)(a) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1

F3

Reg 3(1)(b) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1

F4

Reg 3(1)(c) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1

F5

Reg 3(1)(d) omitted (6.10.97) by S.I. 1997/349, reg. 2, reg. 1

F6

Words in reg. 3(3) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939), regs. 1(1), 2(4)

F7

Words in reg. 3(3) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939), regs. 1(1), 2(5)

F8

Reg. 3(3A) inserted (31.10.2011) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/2426), regs. 1, 4

Notes on the whole SI

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 .