Social Security Citation and commencement 1 These Regulations may be cited as the Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations 2011 and come into force on 31st October 2011. Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 2 In regulation 7 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (date from which a decision superseded takes effect)— a at the beginning of paragraph (9) insert “Except where paragraph (9A) applies,”; b after paragraph (9) insert— 9A Where— a on or after 8th March 2001, the claimant had an award of attendance allowance, carer’s allowance, or the care component of disability living allowance; b the Secretary of State made a superseding decision in accordance with regulation 6(2)(a) to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant moving, or planning to move, from Great Britain to an EEA state or Switzerland; and c the Secretary of State supersedes that decision in accordance with regulation 6(2)(b)(i) on the ground that it was erroneous in point of law, the superseding decision referred to in sub-paragraph (c) shall take effect from 18th October 2007. . Amendment of the Social Security (Claims and Payments) Regulations 1987 3 In regulation 6 of the Social Security (Claims and Payments) Regulations 1987 (date of claim), at the end, add— 35 A claim for attendance allowance or the care component of disability living allowance which is in respect of a period beginning on or before 18th October 2007 but which is made after that date, is to be treated as made on 18th October 2007 where— a on or after 8th March 2001, the claimant had an award of that benefit; b the Secretary of State made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant’s moving, or planning to move, from Great Britain to an EEA state or Switzerland; c that superseding decision was confirmed on appeal; and d the claimant has not received an extra-statutory payment in respect of the benefit being claimed. 36 A claim for carer’s allowance which is in respect of a period beginning on or before 18th October 2007 but which is made after that date, is to be treated as made on 18th October 2007 where— a on or after 8th March 2001, the claimant had an award of that benefit; b the Secretary of State made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of— i the claimant’s moving from Great Britain to an EEA state or Switzerland; or ii the claimant no longer caring for a severely disabled person, as defined in section 70(2) of the Contributions and Benefits Act, because that person’s award of attendance allowance or the care component of disability living allowance had ended, or would end, by virtue of a superseding decision made on the ground of that person’s moving from Great Britain to an EEA state or Switzerland; and c the claimant has not received an extra-statutory payment in respect of that allowance. 37 In paragraphs (35)(d) and (36)(c), “ extra-statutory payment ” means a payment made by the Secretary of State, in respect of attendance allowance, the care component of disability living allowance or carer’s allowance which, but for the superseding decision referred to in paragraph (35)(b) or, as the case may be, (36)(b), would have been payable from 18th October 2007. . Amendment of the Social Security (Disability Living Allowance) Regulations 1991 4 In regulation 3 of the Social Security (Disability Living Allowance) Regulations 1991 (age 65 or over), after paragraph (3) insert— 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). . Amendment of the Social Security Contributions and Benefits Act 1992 5 1 The Social Security Contributions and Benefits Act 1992 is amended in accordance with paragraphs (2) to (5). 2 In section 65 (attendance allowance), after subsection (6), insert the following subsection— 7 A person to whom either Regulation (EC) No 1408/71 or Regulation / (EC) No 883/2004 applies shall not be entitled to an attendance allowance for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question. . 3 In section 70 (carer’s allowance), after subsection (4), insert the following subsection— 4A A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to an allowance under this section for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question. . 4 In section 72 (the care component of disability living allowance), after subsection (7A), insert the following subsection— 7B A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to the care component of a disability living allowance for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question. . 5 In section 122 (interpretation of Parts 1 to 6 and supplementary provisions), in subsection (1), at the appropriate place insert the following definitions— “Regulation (EC) No 1408/71 ” means Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community ; ; “Regulation (EC) No 883/2004 ” means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems ; . Signed by authority of the Secretary of State for Work and Pensions. Maria Miller Parliamentary Under-Secretary of State Department for Work and Pensions 5th October 2011