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authority is satisfied that the decision awarding it ought to be F1revised under section 9 of the 1998 Act or superseded under section 10 of that Act; or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Where a person was entitled on the previous award or on the award F2being revised or superseded to the care component F3, or the care component of Scottish adult disability living allowance, payable–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, F4section 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 F5or 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.

Annotations

Textual amendments

F1: Words in Sch.1, para. 3(1)(a) substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(i), Reg.1
F2: Words in Sch.1, para. 3(2) substituted (18.10.99) by S.I. 1999/2860. Sch. 7, para. 5(j), Reg.1
F3: Words in Sch. 1 para. 3(2) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(6)(a)
F4: Words in Sch. 1 para. 3(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(4)
F5: Words in Sch. 1 para. 3(3)(a) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(6)(b)

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 .