Amendment of regulation 51 of the Disability Working Allowance Regulations3
1
Regulation 51 of the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) after sub-paragraph (c) there shall be added the following sub-paragraph—
d
in respect of any child or young person to whom paragraph (1A) applies, the allowance specified in paragraph 5 of column (2) of Schedule 5..
3
After paragraph (1) there shall be inserted the following paragraphs—
1A
This paragraph applies to a child or young person for whom the claimant or his partner is responsible and who is a member of the claimant’s household, and—
a
in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient; or
b
who is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 M1 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or
c
who ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim.
1B
For the purposes of paragraph (1A)(a), “patient" has the same meaning it has in regulation 10..