Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991
| Year | 1991 |
1991 No. 2742
SOCIAL SECURITYCHILDREN AND YOUNG PERSONS
The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991
Made 5th December 1991
Laid before Parliament 5th December 1991
Coming into force 6th April 1992
The Secretary of State for Social Security, in exercise of powers conferred by section 11(1) of the Disability Living Allowance and Disability Working Allowance Act 19911, and section 166(1), (2) and (3A) of the Social Security Act 19752and of all other powers enabling him in that behalf by this instrument which contains only provisions consequential on the Disability Living Allowance and Disability Working Allowance Act 1991 and is made before the end of the period of 6 months from the coming into force of that enactment and in so far as it relates to regulations 12 and 16 after consultation with such organisations appearing to him to be representative of the authorities concerned3, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 and shall, subject to paragraph (2), come into force on 6th April 1992.
(2) Regulation 11 shall come into force in relation to a particular claimant at the beginning of the first benefit week to commence for that claimant on or after the date specified in paragraph (1); and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the Income Support (General) Regulations 19874.
(3) In these Regulations–
“the Adoption Allowance Regulations” means the Adoption Allowance Regulations 19915;
“the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 19896;
“the Family Credit Regulations” means the Family Credit (General) Regulations 19877;
“the General Benefits Regulations” means the Social Security (General Benefit) Regulations 19828;
“the Home Responsibilities Regulations” means the Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Regulations 19789;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regula tions 198710;
“the Income Support Regulations” means the Income Support (General) Regula tions 198711
“the Invalid Care Allowance Regulations” means the Social Security (Invalid Care Allowance) Regulations 197612;
“the Overlapping Benefits Regulations” means the Social Security (Overlapping Benefits) Regulations 197913;
“the Payments on Account, Overpayments and Recovery Regulations” means the Social Security (Payments on Account, Overpayments and Recovery) Regulations 198814;
“the Persons Abroad Regulations” means the Social Security Benefit (Persons Abroad) Regulations 197515;
“the Recoupment Regulations” means the Social Security (Recoupment) Regula tions 199016;
“the Severe Disablement Allowance Regulations” means the Social Security (Severe Disablement Allowance) Regulations 198417;
“the Social Fund Maternity and Funeral Expenses Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations 198718;
“the Social Fund Recovery by Deductions from Benefits Regulations” means the Social Fund (Recovery by Deductions from Benefits) Regulations 198819;
“the Social Security Commissioners Order” means the Tribunal and Inquiries (Social Security Commissioners) Order 198020;
“the Widow’s Benefit and Retirement Pensions Regulations” means the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 197921.
Amendment of the Persons Abroad Regulations
2.—(1) The Persons Abroad Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 10 (modification of the Act in relation to attendance allowance) after the words “attendance allowance” there shall be inserted the words “or disability living allowance”.
(3) Regulation 10A (modification of the Act in relation to mobility allowance)22shall be omitted.
Amendment of the Invalid Care Allowance Regulations
3. In sub-paragraph (2)(b) of regulation 9 of the Invalid Care Allowance Regulations (conditions relating to residence and presence in Great Britain) after the words “attendance allowance” there shall be inserted the words “, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Act”.
Amendment of the Home Responsibilities Regulations
4. In paragraph (3) of regulation 2 of the Home Responsibilities Regulations (preclusion from regular employment for the purposes of paragraph 5(6) and (7) of Schedule 3 to the Act)23for the words “other than in respect of a child under the age of 16” there shall be substituted the words “the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Act”.
Amendment of the Overlapping Benefits Regulations
5.—(1) The Overlapping Benefits Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) In sub-paragraph (2)(g) of regulation 4 (adjustment of personal benefit under chapters I and II of Part II of the Act where other personal benefit under those chapters is payable) for the words “mobility allowance” there shall be substituted the words “disability living allowance”.
(3) In paragraph (3) of regulation 6 (adjustments of personal benefit under chapters I and II of Part II of the Act by reference to industrial injuries benefits and benefits not under the Act, and adjustments of industrial injuries benefits)–
(a)
(a) after the words “attendance allowance” there shall be inserted the words “, or the care component of disability living allowance”;
(b)
(b) for the words “by reference to which it” there shall be substituted the words “by reference to which that allowance (as the case may be)”.
(4) In paragraph 5 of Column (1) of Schedule 1 (personal benefits which are required to be adjusted by reference to benefits not under chapters I and II of Part II of the Act) after the words “Attendance allowance” there shall be added the words “, or the care component of disability living allowance”.
Amendment of the Widow’s Benefit and Retirement Pensions Regulations
6. In paragraph (1)(b)(i) of regulation 4 of the Widow’s Benefit and Retirement Pensions Regulations (days to be treated as days of increment) for the words “mobility allowance” there shall be substituted the words “disability living allowance”.
Amendment of the Social Security Commissioners Order
7. In the Social Security Commissioners Order paragraph (e) of article 2 shall be omitted.
Amendment of the General Benefit Regulations
8.—(1) The General Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (2) of regulation 1 (citation, commencement and interpretation)24in the definition of “determining authority” after the words “section 97(1) of the Act”, there shall be inserted the words “or a disability appeal tribunal constituted under Schedule 10A to the Act”.
(3) In paragraph (2) of regulation 2 (exceptions from disqualification for imprison ment etc.)25for the words “mobility allowance” there shall be substituted the words “attendance allowance, disability living allowance”.
Amendment of the Severe Disablement Allowance Regulations
9.—(1) The Severe Disablement Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (1)(a) of regulation 10 (adjudication) for the words “the period” to “Attendance Allowance Board” there shall be substituted the words “a period when the person is or was entitled to attendance allowance”.
(3) In regulation 10(1)(b) for (i) there shall be substituted the following–
“(i)
“(i) a mobility allowance under section 37A of the Act or the mobility component of disability living allowance at the higher rate prescribed in accordance with section 37ZC(10) of the Act or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Act; or”.
Amendment of the Social Fund Maternity and Funeral Expenses Regulations
10.—(1) The Social Fund Maternity and Funeral Expenses Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (1)(a) of regulation 5 (entitlement)26for the words “or family credit” there shall be substituted the words “, family credit or disability working allowance”.
(3) In regulation 6 (persons affected by a trade dispute)27–
(a)
(a) in paragraph (b) at the end after the words “trade dispute” there shall be added “; or”;
(b)
(b) after paragraph (b) there shall be added the following paragraph–
“(c)
“(c) in the case where the claimant or the claimant’s partner is in receipt of disability working allowance, the claim in respect of which disability working allowance was awarded was made before the beginning of the trade dispute.”.
(4) In regulation 7(1)(a) (entitlement)28after the words “family credit,” there shall be inserted the words “disability working allowance,”.
Amendment of the Income Support Regulations
11.—(1) The Income Support Regulations shall be amended in accordance with the following paragraphs of this...
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