Chapter 61 - General rules on entitlement
Introduction
AA
61001
AA is a benefit designed to help severely disabled people who need from another person-
1. attention,
or
2. supervision,
or
3. watching over.
61002
There are two rates of AA-
1. the higher rate,
2. the lower rate.
Severely disabled people may be entitled to either of these rates. The rate depends on the level of attention, supervision or watching over a person needs.
DLA
61010
DLA is a benefit which depends on a person’s need for care and help with mobility arising from a disability. The effects of the disability rather than the disability itself are the main considerations. For example, disabled people who appear to have virtually full control over all their faculties may have considerable care and mobility needs.
61011
DLA is made up of two components-
1. the care component,
2. the mobility component.
A disabled person may be entitled to one or both components. See guidance in DMG 61603 for claims with evidence of one component only.
61012
There is a range of disability conditions relating to care and mobility needs. Satisfying any one of the conditions gives entitlement. There are three rates of care component and two rates of mobility component. The rate of benefit payable depends on which of the disability conditions are satisfied.
Primary qualifying conditions
61013
The three primary qualifying conditions which apply to AA and DLA are
1. age,
and
2. residence and presence,
and
3. disability.
Although there is no formal order of consideration of these conditions, if either of the first two are not satisfied, then the third need not be considered.
Age
61014
To be entitled to AA a person must be
1. aged 65 or over,
2. not entitled to DLA (care).
61015
To be entitled to DLA a person must be
1. under 65 years of age,
2. in the case of the lower rate of the mobility component, aged at least five (see DMG 61251 et seq),
3. in the case of the higher rate of the mobility component, aged three or over (five years or over before 09.04.01).
The residence and presence conditions
61016
To become entitled to AA or DLA a person must satisfy the conditions of residence and presence in GB (Volume 2, Chapter 7).
Day for payment of AA and DLA
AA
61017
AA is a weekly benefit payable on Mondays unless
1. it is linked with another benefit
and 2. the DM arranges for it to be paid on that benefit’s payday
There are also circumstances when AA can be paid daily (see DMG 61881 et seq).
DLA
61018
DLA is a weekly benefit, payable on Wednesdays, unless
1. it is combined with another benefit
and
2. the DM arranges for it to be paid on that benefit’s payday.
The amount payable is the total of the care component and mobility component awarded. It is normally paid four weekly (see DMG 61018 for exceptions). But in certain cases it can be paid on a daily basis (see DMG 61881 et seq).
61020
Following the transition from AA to DLA, former AA recipients retain the right to weekly payments and Monday paydays. If DLA is combined with another benefit, it is paid at the same interval as the other benefit.