The Social Security (Claims and Payments) Regulations 1987

Cases where allowance not to be payable E+W+S

42.—(1) Subject to the provisions of this regulation, [F1 disability living allowance by virtue of entitlement to the mobility component] shall not be payable to any person who would otherwise be entitled to it in respect of any period–

(a) during which that person has the use of an invalid carriage or other vehicle provided by the Secretary of State under section 5(2) of and Schedule 2 to the National Health Service Act 1977 M1 or section 46 of the National Health Service (Scotland) Act 1978 M2 which is a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant; or

(b) in respect of which that person has received, or is receiving, any payment–

(i) by way of grant under the said section 5(2) and Schedule 2 or section 46 towards the costs of running a private car, or

(ii) of mobility supplement under the Naval, Military and Air Forces etc, (Disablement and Death) Service Pensions Order 1983 M3 or the Personal Injuries (Civilians) Scheme 1983 M4 , or under the said Order by virtue of the War Pensions (Naval Auxiliary Personnel) Scheme 1964 M5 , the Pensions (Polish Forces) Scheme 1964 M6 , the War Pensions (Mercantile Marine) Scheme 1964 M7 or an Order of Her Majesty in relation to the Home Guard dated 21st December 1964 M8 or 22nd December 1964 M9 , or in relation to the Ulster Defence Regiment dated 4th January 1971 M10

or any payment out of public funds which the Secretary of State is satisfied is analogous thereto.

(2) A person who has notified the Secretary of State that he no longer wishes to use such an invalid carriage or other vehicle as is referred to in paragraph (1)(a) and has signed an undertaking that he will not use it while it remains in his possession awaiting collection, shall be treated, for the purposes of this regulation, as not having the use of that invalid carriage or other vehicle.

(3) Where a person in respect of whom [F2 disability living allowance] is claimed for any period has received any such payment as referred to in paragraph (1)(b) for a period which, in whole or in part, covers the period for which the allowance is claimed, such payment shall be treated as an aggregate of equal weekly amounts in respect of each week in the period for which it is made and, where in respect of any such week a person is treated as having a weekly amount so calculated which is less than the weekly rate of [F3 mobility component of disability living allowance to which, apart from paragraph (1), he would be entitled], any allowance to which that person may be entitled for that week shall be payable at a weekly rate reduced by the weekly amount so calculated.

(4) In a case where the Secretary of State has issued a certificate to the effect that he is satisfied–

(a) that the person in question either–

(i) has purchased or taken on hire or hire-purchase or

(ii) intends to purchase or take on hire or hire-purchase a private car or similar vehicle (“the car”) for a consideration which is more than nominal, on or about a date (not being earlier than 13th January 1982) specified in the certificate (“the said date”);

(b) that that person intends to retain possession of the car at least during, and to learn to drive it within, the period of 6 months or greater or lesser length of time as may be specified in the certificate (“the said period”) beginning on the said date; and

(c) that that person will use [F4 disability living allowance by virtue of entitlement to the mobility component] in whole or in part during the said period towards meeting the expense of acquiring the car,

paragraph (1)(a) shall not apply, and shall be treated as having never applied, during a period beginning on the said date and ending at the end of the said period or (if earlier) the date on which the Secretary of State cancels the certificate because that person has parted with possession of the car or for any other reason.

Textual Amendments

F1 Words in reg. 42(1) substituted (3.2.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 20(a)

F2 Words in reg. 42(3) substituted (3.2.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 20(b)(i)

F3 Words in reg. 42(3) substituted (3.2.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 20(b)(ii)

F4 Words in reg. 42(4)(c) substituted (3.2.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 20(c)

Marginal Citations

M1 1977 c. 49.

M2 1978 c. 29.

M3 S.I. 1983/883, as amended by S.I. 1983/1116, 1521, 1986/592.

M4 S.I. 1983/686, amended by S.I. 1983/1164, 1540, 1984/1289, 1986/628.

M5 S.I. 1964/1985.

M6 S.I. 1964/2007, as extended by S.I. 1967/293, 1972/95, 1981/1876.

M7 S.I. 1964/2058.

M8 Cmnd 2563.

M9 Cmnd 2564.

M10 Cmnd 4567.