# The Social Security (Disability Living Allowance) Regulations 1991, Paragraph 3: Age 65 and over and entitled to the care component


(1) This paragraph applies where a person on or after attaining the age of 65–
(a) is entitled to the care component and an adjudicating authority is satisfied that the decision awarding it ought to be revised under section 9 of the 1998 Act or superseded under section 10 of that Act; or
(b) makes a renewal claim for disability living allowance.
(2) Where a person was entitled on the previous award or on the award being revised or superseded to the care component , or the care component of Scottish adult disability living allowance, payable–
(a) at the lowest rate, that person shall not be precluded, solely by reason of the fact that he is aged 65 or over, from entitlement to the care component; or
(b) at the middle or highest rate, that person shall not be precluded, solely by reason of the fact that he has attained the age of 65, from entitlement to the care component payable at the middle or highest rate,
but in determining that person’s entitlement, section 72 of the Act shall have effect as if in paragraph (a) of subsection (2) of that section for the reference to 3 months there was substituted a reference to 6 months and paragraph (b) of that subsection was omitted.
(3) In this paragraph, a renewal claim is a claim made for a disability living allowance where the person making the claim had–
(a) within the period of 12 months immediately preceding the date the claim was made, been entitled under an earlier award to the care component or to attendance allowance or to the care component of Scottish adult disability living allowance (referred to in this paragraph as “the previous award”); and
(b) attained the age of 65 before that entitlement ended.

---
Source: https://www.legislation.gov.uk/uksi/1991/2890/schedule/1/paragraph/3 (the official version)
Page: https://openlegislation.uk/social-security-disability-living-allowance-regulations-1991/schedule-1/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.