Charging

The Fairer Charging Guidance states that “the mobility component of Disability Living Allowance is excluded by law from being taken into account for charges”.  I’m convinced that I came across this many years ago in primary legislation saying something along the lines of the mobility component of DLA shall not be taken into account for the purposes of a means test.  I’ve searched high and low without success.  Can anyone remember the statutory source?  Or am I having another strange dream?  Please note, it is not in the form of a statutory disregard in any schedule contained in secondary legislation.

It’s in s73 (14) Social Security Contributions and Benefits Act 1992.

Neil

I,ve just spent 2 hours poring over primary legislation looking for that.  I think I love you.

(14)A payment to or in respect of any person which is attributable to his entitlement to the mobility component, and the right to receive such a payment, shall (except in prescribed circumstances and for prescribed purposes) be disregarded in applying any enactment or instrument under which regard is to be had to a person’s means. .