Paragraph 1 Review of an award made before a person attained the age of 65

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 para. 3(2) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 22(6)(a)
Sch. 1 para. 3(3)(a) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 22(6)(b)
Sch. 1 para. 5(1) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 22(6)(c)
Sch. 1 para. 5(3)(a) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 22(6)(d)
Sch. 1 para. 6(1) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 22(6)(e)
Sch. 1 para. 4(1)(b) words substituted by Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) 2016 reg. 4(8)
Sch. 1 para. 7(1) words inserted by Social Security (Scotland) Act 2018 (Disability Assistance) 2025 art. 22(6)(f)

(1)

This paragraph applies where—

(a)

a person is aged 65 or over;

(b)

the person has an award of disability living allowance made before he attained the age of 65;

(c)

an application in writing is made in accordance with section 100A(6) or 104A(3)^f1 for that award to be reviewed; and

(d)

an adjudicating authority is satisfied that the decision awarding disability living allowance ought to be both reviewed and revised.

(2)

Subject to sub-paragraph (3), where sub-paragraph (1) applies, the person to whom the award relates shall not be precluded from entitlement to either component of disability living allowance solely by reason of the fact that he is aged 65 or over when the revised award is made.

(3)

Where the adjudicating authority determining the application for review is satisfied that the decision ought to be reviewed on the ground that there has been a relevant change of circumstances since the decision was given, sub-paragraph (2) shall apply only where the relevant change of circumstances occurred before the person attained the age of 65.

Annotations

Footnotes

f1: Sections 100A and 104A were inserted by paragraphs 5 and 9 respectively of Schedule 1 to the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 (S.I. 1991/1712 (N.I. 17))