The Social Security (Severe Disablement Allowance) Regulations 1984

EXPLANATORY NOTE

These regulations contain provisions relating to severe disablement allowance (“allowance”). They are all either made under section 36 of the Social Security Act 1975, as substituted by section 11 of the Health and Social Security Act 1984 (“the 1984 Act”), or are otherwise consequential on section 11 . As they are also made earlier than six months from the first day appointed for the coming into force of section 11 (10th September 1984), they are exempted by section 22(1)(b) of the 1984 Act from the requirement under section 10(1) of the Social Security Act 1980 to refer proposals to the Social Security Advisory Committee and are made without reference to that Committee.

Part I of the Regulations relates to their citation, commencement and interpretation.

Part II of the Regulations contains miscellaneous provisions relating to residence and presence in Great Britain conditions (regulation 3); circumstances in which a person over pensionable age (60 in the case of a woman, 65 in the case of a man) is to be treated as having been entitled to the pension before attaining that age ( regulation 4); relaxing conditions for entitlement to an allowance for certain persons over retiring age (65 in the case of a woman, 70 in the case of a man) (regulation 5 ); modification of the requirements of section 36(2) and (3) of the Social Security Act 1975 in the case of a person who has previously been entitled to an allowance ( regulation 6); days for which persons are to be regarded as incapable of work for the purposes of an allowance ( regulation 7); circumstances in which persons are to be treated as receiving full-time education ( regulation 8); disqualification for an allowance for misconduct or failure to undergo medical examination ( regulation 9); and the evidence required to satisfy the adjudication officer in cases referred to and determined by him, and the adjudicating medical authority in other cases, that a person suffers from loss of physical or mental faculty such that the assessed extent of the resulting disablement amounts to not less than 80 per cent.

Part III of the Regulations and Schedule 2 contain minor consequential amendments to other sets of social security regulations.

Part IV contains transitional provisions relating to claims made in advance by persons in respect of whom section 11 of the 1984 Act comes into force on 29th November 1984 ( regulation 18) and by all other persons ( regulation 19); and to persons who were formerly entitled to non-contributory invalidity pension ( regulation 20). Regulation 21 and Schedule 3 contain revocations consequential upon the coming into force of these regulations.