Regulation 5 Claim for care component treated as having been made
Paragraph (2) applies where—
a person who—
does not have an award of attendance allowance, or
does have an award of attendance allowance, but that award is due to expire before 6th April 1992,
makes a claim for attendance allowance, or an application in writing is made in accordance with section 104(2) of the 1975 Act for the decision to award or, as the case may be, not to award attendance allowance to him to be reviewed;
the claim or application is made after 2nd February 1992 or is made before 3rd February 1992 but has not been determined by that date; and
at the time the claim, or as the case may be, the application is determined the person to whom the claim or application relates has not made a claim for disability living allowance.
Where the adjudication officer who is determining the claim or application such as is mentioned in paragraph (1) is satisfied that—
the person does not satisfy the conditions of entitlement to attendance allowance, but
solely on the evidence before him and apart from the requirement that he makes a claim for disability living allowance in the manner and within the time prescribed, the person would as from 6th April 1992 or from such later date as the adjudication officer may in any particular case determine, satisfy the conditions of entitlement to the care component which qualify him for the lowest, but not the middle or higher, rate of that component,
a claim for the care component only shall be treated as having been made on 3rd February 1992, and an adjudication officer shall determine it.
Where a person has before 3rd February 1992 applied to the Attendance Allowance Board for a decision given pursuant to section 105(3) or 106(1) of the 1975 Act to be reviewed, and the question arising thereon has not been determined by 3rd February 1992, then—
if the Secretary of State is notified that the question is determined against that person, and
at the time he is notified, the person has not made a claim for disability living allowance, but
the Secretary of State is satisfied solely on the evidence before him and apart from any requirement that he makes a claim for disability living allowance in the manner and within the time prescribed, that the person may nonetheless satisfy the conditions of entitlement to the care component which qualify him for the lowest, but not the middle or higher rate, of that component,
a claim for care component only shall be treated as having been made on 3rd February 1992 and the Secretary of State shall refer that claim to an adjudication officer for his determination.