The Social Security (Disability Living Allowance) Regulations 1991

Made: 18th December 1991

Coming into force: 6th April 1992

Whereas a draft of this instrument was laid before Parliament in accordance with section 12(1) of the Disability Living Allowance and Disability Working Allowance Act 1991 and approved by resolution of each House of Parliament;

Now therefore the Secretary of State for Social Security, in exercise of the powers conferred by sections 37ZA(6), 37ZB(2), (3), (7) and (8), 37ZC, 37ZD, 37ZE(2), 85(1), 114(1) and 166(2) to (3A) of and Schedule 20 to the Social Security Act 1975, section 13 of the Social Security (Miscellaneous Provisions) Act 1977 and section 5(1) of the Disability Living Allowance and Disability Working Allowance Act 1991, and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made consequential upon section 1 of the Disability Living Allowance and Disability Working Allowance Act 1991, hereby makes the following Regulations:

PART I — INTRODUCTION

Citation, commencement and interpretation

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• (1) These Regulations may be cited as the Social Security (Disability Living Allowance) Regulations 1991 and shall come into force on 6th April 1992.

• (2) In these Regulations–

• “the Act” means the Social Security Contributions and Benefits Act 1992

• “the Administration Act” means the Social Security Administration Act 1992;

• “the 1998 Act” means the Social Security Act 1998

• “the NHS Act of 1978” means the National Health Service (Scotland) Act 1978 ;

• “the NHS Act of 2006” means the National Health Service Act 2006;

• “the NHS (Wales) Act of 2006” means the National Health Service (Wales) Act 2006

• “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987;

• “adjudicating authority” means, as the case may require, the Secretary of State, the First-tier Tribunal or the Upper Tribunal;

• “care component” means the care component of a disability living allowance;

• “child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;

• “mobility component” means the mobility component of a disability living allowance;

• “the residence change date”, in relation to a person, means the date on which the person becomes permanently resident in Scotland (whether or not the Secretary of State is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);

• “the run-on period” has the meaning given in paragraph (6);

• “Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

• “terminally ill” shall be construed in accordance with section 66(2) of the Act .

• (3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule bearing that number.

• (4) With effect from 6th December 2018, any reference in these Regulations to—

• (a) “age 65 or over”, “the age of 65 years”, “the age of 65”, “65” and “age 65 and over” shall be construed as a reference to “pensionable age”;

• (b) “aged 65 or over” and “aged 65 and over” shall be construed as a reference to “of pensionable age”; and

• (c) “his 65 th birthday” shall be construed as a reference to “the day on which he attained pensionable age”.

• (5) For the purpose of paragraph (4), “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995.

• (6) “The run-on period”, in relation to a person, is the period—

• (a) beginning with the residence change date, and

• (b) ending at the end of the day preceding the first pay day following the end of the relevant period (irrespective of whether or not the person’s disability living allowance is payable in that particular week).

• (7) For the purposes of paragraph (6)—

• (a) “pay day” means the day of the week on which the person’s disability living allowance is payable in accordance with paragraph 1 of Schedule 6 to the Claims and Payments Regulations;

• (b) “the relevant period” means the period of 13 weeks beginning with the residence change date.

PART II — GENERAL

Conditions as to residence and presence in Great Britain

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• (1) Subject to the following provisions of this regulation and regulations 2ZA, 2ZB, 2A , 2B and 2C, the prescribed conditions for the purposes of section 71(6) of the Act as to residence and presence in Great Britain in relation to any person on any day shall be that–

• (a) on that day–

• (i) he is habitually resident in the United Kingdom, the Republic of Ireland, the Isle of Man or the Channel Islands; and

• (ib) he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to disability living allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and

• (ii) he is present in England and Wales; and

• (iii) he has been present in Great Britain for a period of, or for periods amounting in the aggregate to, not less than 104 weeks in the 156 weeks immediately preceding that day; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1ZZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1ZA) A person to whom regulation 36(1) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.

• (1ZB) A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.

• (1ZC) A person to whom regulation 48(1) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.

• (2) For the purposes of paragraph (1)(a)(ii) and (iii), notwithstanding that on any day a person is absent from Great Britain, he shall be treated as though he was present in the relevant area if his absence from Great Britain is by reason only of the fact that on that day–

• (a) he is abroad in his capacity as–

• (i) a serving member of the forces,

• (ii) an airman or mariner within the meaning of regulations 111 and 115 respectively of the Social Security (Contributions) Regulations 2001,

and for the purpose of this provision, the expression “serving members of the forces” has the same meaning as in regulation 1(2) of the Regulations of 2001; or

• (b) he is in employment prescribed for the purposes of section 120 of the Act in connection with continental shelf operations ; or

• (c) he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; or

• (d) he is temporarily absent from Great Britain and that absence has not lasted for a continuous period exceeding 13 weeks.

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) Where a person (“P”) is required for the purposes of paragraph (1)(a)(ii) to be present in England and Wales, even though P is absent from England and Wales on any day, P is to be treated as though P were present in England and Wales on that day if—

• (a) P’s absence on that day is by reason only of the fact that P is temporarily absent from England and Wales; and

• (b) P is present in Scotland.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) A person shall be treated as habitually resident in Great Britain for the purpose of paragraph (1)(a)(i) where—

• (a) he is resident outside Great Britain in his capacity as a serving member of the forces and for this purpose “serving member of the forces” has the meaning given in regulation 1(2) of the Social Security (Contributions) Regulations 2001; or

• (b) he is living with a person mentioned in paragraph (a) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person.

• (3B) Where a person is temporarily absent from Great Britain, he is treated as present in the relevant area for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—

• (a) this absence is solely in connection with arrangements made for the medical treatment of him for a disease or bodily or mental disablement which commenced before he left Great Britain; and

• (b) the arrangements referred to in sub-paragraph (a) relate to medical treatment–

• (i) outside Great Britain,

• (ii) during the period whilst he is temporarily absent from Great Britain, and

• (iii) by, or under the supervision of, a person appropriately qualified to carry out that treatment, and

• “medical treatment” means medical, surgical or rehabilitative treatment (including any course or diet or regimen), and references to a person receiving or submitting to medical treatment are to be construed accordingly.

• (3BA) In this regulation, “the relevant area” means—

• (a) for the purposes of paragraph (1)(a)(ii), England and Wales;

• (b) for the purposes of paragraph (1)(a)(iii), Great Britain.

• (3C) For the purpose of paragraph (2)(d) and (3B) , (3B) and (3D) a person is “temporarily absent” only if, at the beginning of the period of absence, that absence is unlikely to exceed 52 weeks.

• (3D) Where a person is temporarily absent from Great Britain, he is treated as present in the relevant area for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—

• (a) that person was present in a country or territory outside Great Britain immediately before His Majesty’s Government—

• (i) provided public information to advise British nationals to leave that country or territory, or

• (ii) arranged the evacuation of British nationals from that country or territory;

• (b) the Secretary of State is satisfied that it would be unreasonable to expect the person to return, or to have returned, to Great Britain; and

• (c) the person did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory.

• (3E) Where a person is temporarily absent from Great Britain in the circumstances specified in paragraphs (2)(d), (3B) or (3D), the total period of an absence where the person is treated as present in Great Britain the relevant area will not exceed 26 weeks.

• (4) Where a person is terminally ill and–

• (a) makes a claim for disability living allowance; or

• (b) an application is made for a revision under section 9 of the 1998 Act or supersession under section 10 of that Act of his award of disability living allowance, expressly on the ground that he is such a person, paragraph (1) shall apply to him as if head (iii) of sub-paragraph (a) was omitted.

• (5) Paragraph (1) shall apply in the case of a child under the age of 6 months as if in head (iii) of sub-paragraph (a) for the reference to 104 weeks there was substituted a reference to 13 weeks.

• (6) Where in any particular case a child has by virtue of paragraph (5), entitlement to the care component immediately before the day he attains the age of 6 months, then until the child attains the age of 12 months, head (iii) of sub-paragraph (a) of paragraph (1) shall continue to apply in his case as if for the reference to 104 weeks there was substituted a reference to 13 weeks.

• (7) Paragraph (1) shall apply in the case of a child who is over the age of 6 months but who has not exceeded the age of 36 months as if in head (iii) of sub-paragraph (a) for the reference to 104 weeks there was substituted a reference to 26 weeks.

Age 65 or over

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• (1) A person shall not be precluded from entitlement to either component of disability living allowance by reason only that he has attained the age of 65 years, if he is a person to whom paragraphs (2) and (3) apply.

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Paragraph (3) applies to a person who–

• (a) made a claim for disability living allowance before he attained the age of 65, which was not determined before he attained that age, and

• (b) did not at the time he made the claim have an award of disability living allowance for a period ending on or after the day he attained the age of 65.

• (3) In determining the claim of a person to whom this paragraph applies, where the person otherwise satisfies the conditions of entitlement to either or both components of disability living allowance for a period commencing before his 65th birthday (other than the requirements of section section 72(2)(a), or, as the case may be, section section 73(9)(a) of the Act (3 months qualifying period)), the determination shall be made without regard to the fact that he is aged 65 or over at the time the claim is determined.

• (3A) A person shall not be precluded from entitlement to the care component of disability living allowance by reason only that he has attained the age of 65 years if the claim is treated as made on 18th October 2007 in accordance with regulation 6(35) of the Social Security (Claims and Payments) Regulations 1987 (date of claim).

• (4) Schedule 1, which makes further provision for persons aged 65 or over shall have effect.

Rate of Benefit

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• (1) The three weekly rates of the care component are–

• (a) the highest rate, payable in accordance with section 72(4)(a) of the Act, £110.40;

• (b) the middle rate, payable in accordance with section 72(4)(b) of the Act, £73.90 and

• (c) the lowest rate, payable in accordance with section 72(4)(c) of the Act, £29.20.

• (2) The two weekly rates of the mobility component are–

• (a) the higher rate, payable in accordance with section 73(11)(a) of the Act, £77.05 and

• (b) the lower rate, payable in accordance with section 73(11)(b) of the Act, £29.20.

Late claim by a person previously entitled

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PART III — CARE COMPONENT

Qualifying period for care component after an interval

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• (1) The period prescribed for the purposes of section 72(2)(a)(ii) of the Act is a period of 3 months ending on the day on which the person was last entitled to the care component of disability living allowance, or the care component of Scottish adult disability living allowance, or the care component of child disability payment or to attendance allowance where that day falls not more than 2 years before the date on which entitlement to the care component of disability living allowance, or the care component of child disability payment would begin, or would have begun but for any regulations made under section 5(1)(k) of the Administration Act (which enables regulations to provide for the day on which entitlement to benefit is to begin or end).

• (2) Except in a case to which paragraph (3) applies, this regulation shall apply to a person to whom paragraph 3 or 7 of Schedule 1 refers as if for the reference to 3 months there was substituted a reference to 6 months.

• (3) Paragraph (1) and not paragraph (2), shall apply to those persons referred to in paragraph (2) who, on the day before they attained the age of 65, had already completed the period of 3 months referred to in paragraph (1).

• (4) For the purposes of paragraph (3), the modification made in Schedule 1–

• (a) in paragraph 3(2) and 7(2), to section 72(2)(a) of the Act, and

• (b) in paragraph 5(2), to section 73(9)(a) of the Act,

shall be treated as not having been made.

Renal Dialysis

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• (1) A person who suffers from renal failure and falls within the provisions in paragraph (2) shall be taken to satisfy–

• (a) where he undergoes renal dialysis by day, the conditions in paragraph (b) of subsection (1) of section 72 of the Act (severe physical or mental disability);

• (b) where he undergoes renal dialysis by night, the conditions in paragraph (c) of that subsection; or

• (c) where he undergoes renal dialysis by day and by night, the conditions in either paragraph (b) or paragraph (c) of subsection (1), but not both.

• (2) Subject to paragraph (3), a person falls within this paragraph–

• (a) if–

• (i) he undergoes renal dialysis two or more times a week; and

• (ii) the renal dialysis he undergoes is of a type which normally requires the attendance or supervision of another person during the period of the dialysis; or

• (iii) because of the particular circumstances of his case he in fact requires another person, during the period of the dialysis, to attend in connection with his bodily functions or to supervise him in order to avoid substantial danger to himself; and