Regulation 9 Claims for, and applications for reviews of decisions relating to, mobility allowance

(1)

The replacement of mobility allowance by disability living allowance shall except to the extent specified in paragraphs (4) and (5) be disregarded in a case to which paragraph (2) or paragraph (3) applies.

(2)

This paragraph applies in a case where a person—

(a)

is under the age of 65 on 6th April 1992;

(b)

has an award of mobility allowance which expires after 5th April 1992; and

(c)

makes a claim for mobility allowance for a period commencing immediately after that award expires.

(3)

This paragraph applies in a case where—

(a)

a person is under the age of 65 on 6th April 1992;

(b)

that person has an award of mobility allowance or is the subject of a decision given on a claim or application not to award benefit; and

(c)

an application is made to an adjudication officer in accordance with section 104(2) of the 1975 Act for the decision to award, or as the case may be, not to award benefit to be reviewed.

(4)

Any award of mobility allowance made pursuant to this regulation shall be subject to the provisions of regulations 7 and 8 (termination or cancellation of awards of mobility allowance and disability living allowance to replace mobility allowance as from 6th April 1992).

(5)

In determining under this regulation a person’s entitlement to mobility allowance for any period after 5th April 1992—

(a)

the conditions as to residence and presence prescribed under section 37ZA(6) of the 1975 Act (which relates to residence and presence conditions for disability living allowance) and not those prescribed under section 37A(1) of that Act (mobility allowance) shall apply; and

(b)

for the reference to 12 months in section 37A(2)(a) of the 1975 Act there shall be substituted a reference to 9 months.