Regulation 16 Claims for a single component of disability living allowance

(1)

Where a person—

(a)

had an award of attendance allowance or mobility allowance, but not both for a period commencing before 6th April 1992; and

(b)

in accordance with the above regulations is treated as from 6th April 1992 as having one award of disability living allowance at the weekly rate applicable in his case to either the care component or the mobility component, he may submit a claim for a disability living allowance relating solely to that component to which he has no entitlement.

(2)

Any such claim made after 4th April 1993 shall be treated as an application for a review under section 100A(I) of the 1975 Act, if made within the period prescribed under that provision, or if not, under section 100A(2) of that Act, of an award of disability living allowance in force at the time the claim is made.

(3)

Subject to paragraph (4), an award of disability living allowance consisting of one component may be made by virtue of this regulation in addition to any award of disability living allowance consisting only of the other component which is treated as having been made to the claimant in accordance with the preceding provisions of these Regulations.

(4)

An award shall not be made in accordance with Paragraph (3) where the period of the award would commence after 4th April 1993.

(5)

Where a claim submitted in accordance with paragraph (1) is received in an office of the Department of Social Security or the F1Department for Education and Employment before 5th April 1993, any award on that claim may, notwithstanding anything in section 37ZE(1) of the 1975 Act M1 , commence on a date not earlier than 6th April 1992.

Annotations

Textual amendments

F1: Words in reg. 16(5) substituted (1.1.1996) by The Transfer of Functions (Education and Employment) Order 1995 (S.I. 1995/2986), arts. 1, 6(5)

Marginal citations

M1: Section 37ZE was inserted in the Social Security Act 1975 (c. 14) by the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21), section 1.