Danny Alexander (Shadow Minister and Disability Spokesperson, Work & Pensions; Inverness, Nairn, Badenoch & Strathspey, Liberal Democrat)

Clauses 51 and 52 make provisions for people under 16 in relation to the care component of the disability living allowance and the mobility component respectively. Will the Under-Secretary give a brief statement as to the rationale behind the changes?

Anne McGuire (Parliamentary Under-Secretary (Disabled People), Department for Work and Pensions; Stirling, Labour)

I welcome this opportunity to clarify the changes, which will be of particular interest to Committee members who are interested in the administration of the disability living allowance. Clause 51 removes an anomaly from the legislation governing the entitlement conditions for the care component of disability living allowance for people on or around the age of 16. The hon. Gentleman rightly points out that clause 52 is linked to clause 51—I hope that I am not going out of order here, Mr. Hood—and covers entitlement to the mobility element of the DLA.

The changes are principally to ensure that people on or around the age of 16 do not lose three months’ benefit entitlement. To be entitled to DLA, a person must have satisfied the conditions of entitlement for at least three months—the so-called qualifying period—and must continue to satisfy them for a further six months. That is the prospective test, because the benefit is for long-term conditions. Additional entitlement conditions apply to children under 16. A recent social security commissioner’s decision highlighted an anomaly in the legislation that meant that people on or around the age of 16 who claim DLA or an additional amount to an existing award could lose up to three months’ worth of benefits.

The clause modifies the normal conditions of entitlement for children under 16. It will principally mean that someone who is 16 or over who claims DLA or an additional amount to an existing award will be awarded the benefit if they satisfy the normal adult entitlement conditions even if part of the qualifying period falls before they were 16. Conversely, a child who is under 16 will have to fulfil only the additional conditions that are applicable to children up to and including the day before their 16th birthday.

The clause does not change the entitlement conditions for adults or children. It simply ensures that the entitlement of people who claim on or around their 16th birthday will continue to be decided in the way that existing legislation intended. This is a situation in which the law was not quite in balance with the original policy intent, and we have taken this opportunity highlight the anomaly and to clarify the legal position. I welcome this opportunity to explain the changes because it will make a difference to young people who need to claim DLA and will prevent the cliff-edge effect that sometimes happens in the benefit system when a young person goes through the legal transition from childhood to adulthood.