Paragraph 3 Persons aged 65 and over and entitled to the care component

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 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 on a review under section 100A, 100B^f1 or 104A; or

(b)

makes a renewal claim for disability living allowance.

(2)

Where a person was entitled on the previous award or on the award under review to the care component payable—

(a)

at the lowest 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; 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 37ZB shall have effect as if in paragraph (a) of subsection (2) for the reference to 3 months there were substituted a reference to 6 months and as if paragraph (b) of that subsection were omitted.

(3)

In this paragraph, a renewal claim is a claim made for disability living allowance where the person making the claim had—

(a)

within the period of 12 months immediately preceding the date on which the claim was made, been entitled under an earlier award to the care component or to attendance allowance (referred to in this paragraph as “the previous award”); and

(b)

attained the age of 65 before that entitlement ended.

Annotations

Footnotes

f1: Section 100B was inserted by paragraph 5 of Schedule 1 to the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991