Regulation 6 Qualifying period for care component after an interval

The period prescribed for the purposes of F1section 72(2)(a)(ii) of the Act is a period of 3 months ending on the day on which the person was last entitled to the care component F2of disability living allowance, F3or the care component of Scottish adult disability living allowance, or the care component of child disability payment or to attendance allowance where that day falls not more than 2 years before the date on which entitlement to the care component F4of disability living allowance, or the care component of child disability payment would begin, or would have begun but for any regulations made under F5section 5(1)(k) of the Administration Act (which enables regulations to provide for the day on which entitlement to benefit is to begin or end).

Except in a case to which paragraph (3) applies, this regulation shall apply to a person to whom paragraph 3 or 7 of Schedule 1 refers as if for the reference to 3 months there was substituted a reference to 6 months.

Paragraph (1) and not paragraph (2), shall apply to those persons referred to in paragraph (2) who, on the day before they attained the age of 65, had already completed the period of 3 months referred to in paragraph (1).

For the purposes of paragraph (3), the modification made in Schedule 1–

shall be treated as not having been made.