Mobility Allowance Regulations 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/1573 |
| Year | 1975 |
1975 No. 1573
SOCIAL SECURITY
The Mobility Allowance Regulations 197525thSeptember 1975
30thSeptember 1975
1stOctober 1975
The Secretary of State for Social Services, in exercise of the powers conferred upon her by sections 37A, 79(1), 81, 82(5), 85, 114(1) and (2) and 119(3) and (4) of the Social Security Act 1975(a) as amended by sections 22(1) and (2) and 65(1) of, and paragraphs 47, 49, 51 and 52 of Schedule 4 to, the Social Security Pensions Act 1975(b), section 22(3) and (4) of the latter Act and of all other powers enabling her in that behalf, and after consultation with the Council on Tribunals as required by section 10(1) of the Tribunals and Inquiries Act 1971(c), hereby makes the following regulations which relate only to mobility allowance and are made consequentially on the introduction of that allowance:—
PART I
GENERAL
Citation, commencement and interpretation
1.—(1) These regulations may be cited as the Mobility Allowance Regulations 1975 and shall come into operation on 1st October 1975.
(2) In these regulations, unless the context otherwise requires—
"the Act" means the Social Security Act 1975;
"allowance" means mobility allowance;
"child" means a person who is under the age of 16;
"local office" means any office appointed by the Secretary of State as a local office for the purposes of the Act or for the purposes of these regulations;
"medical authority" means a medical appeal tribunal, a medical board or any medical practitioner appointed or nominated for the purposes of these regulations by the Secretary of State.
(3) Reference in these regulations to a person's father, mother, son, daughter, brother or sister shall include a reference to his step-father, step-mother, step-son, step-daughter, half-brother and step-brother, or half-sister and step-sister, as the case may be, and a person shall be treated as such a relative if he
(a) 1975 c. 14.
(b) 1975 c. 60.
(c) 1971 c. 62
is such a relative by adoption or would be such a relative if some person born illegitimate had been born legitimate.
(4) Except in so far as the context otherwise requires any reference in these regulations to—
(a) a numbered section is to the section of the Act bearing that number;
(b) a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number;
(c) any provision made by or contained in any enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which may re-enact or replace it with or without modifications.
(5) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889(a) shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.
PART II
ENTITLEMENT
Entitlement conditions as to residence and presence in Great Britain
2.—(1) Subject to the following provisions of this regulation, the prescribed conditions as to residence or presence in Great Britain to be satisfied by any person in respect of any day for the purposes of section 37A shall be—
(a) that he is ordinarily resident in Great Britain; and
(b) that he is present in Great Britain; and
(c) that he has been present in Great Britain for a period of, or periods amounting in the aggregate to, not less than 52 weeks in the 18 months immediately preceding that day; and
(d) in the case of a person who, in respect of a period which includes that day, receives earnings or other emoluments which are exempt from United Kingdom income tax under any of the provisions specified in paragraph (2), or the spouse or son or daughter under the age of 16 of such a person, that he was present in Great Britain for a period of, or periods amounting in the aggregate to, 156 weeks in the period of 4 years immediately preceding the period in respect of which he first receives or received such emoluments.
(2) For the purposes of paragraph (1)(d), the relevant provisions, under which earnings or other emoluments may be exempted from United Kingdom income tax, are—
(a) section 367 or sections 372 to 374 of the Income and Corporation Taxes Act 1970(b) (in this regulation hereafter referred to as the "Taxes Act") which relate to exemption from income tax, etc. of visiting forces, staffs of allied headquarters and of Commonwealth and foreign representatives;
(b) section 2 of, and Articles 34 or 37 of Schedule 1 to the Diplomatic Privileges Act 1964(c), or section 1 of, and Article 49 or 66 of Schedule 1 to the Consular Relations Act 1968(d) which relate to
(a) 1889 c. 63.
(b) 1970 c. 10.
(c) 1964 c. 81.
(d) 1968 c. 18.
exemption from income tax, etc. of members of diplomatic missions and their staffs, etc., and of certain consular officers, etc.;
(c) section 4 of the Arbitration (International Investment Dispute) Act 1966(a) which relates to status, immunities and privileges conferred by the Convention on the settlement of investment disputes between States and nationals of other States;
(d) an Order in Council, statutory notice, or regulations, made or given under, or continuing to have effect by virtue of, any of the following enactments—
(i) the Bretton Woods Agreements Act 1945(b), section 3 (status, immunities and privileges of the International Monetary Fund, the International Bank for Reconstruction and Development and Governors, Executive Directors, alternates, officers and employees of the Fund and Bank);
(ii) the Taxes Act, section 497 (relief from double taxation);
(iii) the Consular Relations Act 1968, section 3(1) (additional privileges and immunities accorded as a result of agreement) and section 12 (privileges and immunities in connection with Commonwealth and Irish establishments);
(iv) the International Finance Corporation Act 1955(c), section 3 (status, immunities and privileges of the International Finance Corporation, its Governors, Directors, alternates, officers and employees);
(v) the International Development Association Act 1960(d), section 3 (status, immunities and privileges of the Association, its Governors, Directors, alternates, officers and employees);
(vi) the Diplomatic Privileges Act 1964, section 2(6) (certain privileges and immunities admitted by, or certain additional privileges and immunities granted by, the receiving State);
(vii) the International Organisations Act 1968(e), sections 1, 2, 5, 6 and 12(5) and paragraphs 9, 15, 21 and 23 of Schedule 1 (privileges and immunities of certain international organisations and their officers, etc.);
(viii) the European Communities Act 1972(f), section 2(2) (giving effect to, inter alia, the Protocol on the Privileges and Immunities of the European Communities—Articles 12 to 15, 20 and 21).
(3) For the purposes of paragraph (1)(b) and (1)(c), a person who is absent from Great Britain on any day shall be treated as being present in Great Britain—
(a) if on that day he is—
(i) a merchant seaman within the meaning of the Family Allowances (Qualifications) Regulations 1969(g); or
(ii) a member of the forces within the meaning of those Regulations; or
(iii) living with such a member of the forces and is that member's spouse, son, daughter, father, father-in-law, mother or mother-in-law; or
(b) if his absence is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 26 weeks; or
(a) 1966 c. 41.
(b) 9 & 10 Geo. 6. c. 19.
(c) 4 & 5 Eliz. 2 c. 5.
(d) 1960 c. 35.
(e) 1968 c. 48.
(f) 1972 c. 68.
(g) S.I. 1969/212 (1969 I, p. 543).
(c) where his absence is temporary and for the specific purpose of his being treated for incapacity, or a disabling condition, which commenced before he left Great Britain, during such period as the Secretary of State may allow having regard to the circumstances of the case.
(4) Paragraph (1)(d) shall not apply to any person, or his spouse, or son or daughter under the age of 16, in respect of a day if, in relation to the tax year immediately preceding the tax year in which that day falls, he proves that the amount of his earnings or other emoluments to which paragraphs (1)(d) refers was less than his total income as defined in section 528 of the Taxes Act.
Circumstances in which, for the purposes of section 37A, a person is or is not to be treated as suffering from physical disablement such that he is unable or virtually unable to walk
3.—(1) A person shall only be treated, for the purposes of section 37A, as unable to walk or virtually unable to do so, if his physical condition as a whole is such that, without having regard to circumstances peculiar to that person as to place of residence or as to place of, or nature of, employment,—
(a) he is unable or virtually unable to walk; or
(b) the exertion required to walk would constitute a danger to his life or would be likely to lead to a serious deterioration in his health.
(2) A person shall not be treated, for the purposes of section 37A as unable to walk or virtually unable to do so if he is able to walk with a prosthesis or an artificial aid which he habitually wears or uses or if he would be able to walk if he habitually wore or used a prosthesis or an artificial aid which is suitable in his case.
Entitlement to an allowance in respect of weeks before that in which claim is received by Secretary of State
4.—(1) Where a person, by whom a claim for an allowance is made, requests the Secretary of State to treat the claim as having been received on a date earlier than the date on which it is received by the Secretary of State and satisfies the Secretary of State that the claim which has been sent by post has not been received in the ordinary course of post, the entitlement to an allowance of the person in respect of whom the claim is made shall be determined as if the claim...
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