Paragraph 5 Age 65 or over and entitled to mobility component
England, Wales and Scotland
This paragraph applies where a person on or after attaining the age of 65 is entitled to the mobility component payable at the higher rate specified in regulation 4(2)(a) F1or the mobility component of Scottish adult disability living allowance payable at the higher rate specified in regulation 29(2)(b) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, and–
an adjudicating authority is satisfied that the decision giving effect to that entitlement ought to be revised on a review under section 100A, 100B or 104A of that Act, or
the person makes a renewal claim for disability living allowance.
A person to whom this paragraph applies shall not be precluded, solely by reason of the fact that he has attained the age of 65, from entitlement to the mobility component by virtue of having satisfied or being likely to satisfy one or other of the conditions mentioned in subsection (1)(a), (b) or (c) of F2section 73 of the Act.
In this paragraph and paragraph 6 and 7 a renewal claim is a claim made for a disability living allowance where the person making the claim had–
within the period of 12 months immediately preceding the date the claim was made been entitled under an earlier award to the mobility component F3or the mobility component of Scottish adult disability living allowance (referred to in these paragraphs as “the previous award”); and
attained the age of 65 before that entitlement ended.
Annotations
Textual amendments
- F1
Words in Sch. 1 para. 5(1) 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)(c)
- F2
Words in Sch. 1 para. 5(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(5)
- F3
Words in Sch. 1 para. 5(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)(d)
Notes on the whole SI
Textual amendments
- F1
- 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 .