The Social Security (Disability Living Allowance) (Amendment) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations extend the higher rate of the mobility component of disability living allowance (“DLA”) to certain severely visually impaired people.

Regulation 2 of these Regulations inserts a new paragraph (1A) into regulation 12 of the Social Security (Disability Living Allowance) Regulations 1991. The effect is that a person will qualify for the higher rate of the mobility component of DLA if that person has the prescribed level of severe visual impairment and has been certified as being severely sight impaired or blind by a consultant ophthalmologist.

Regulation 3 prescribes registered optometrists and orthoptists as health care professionals for the purpose of section 39(1) of the Social Security Act 1998 in relation to decisions under section 73(1AB) of the Social Security Contributions and Benefits Act 1992. This enables the Secretary of State to exercise his power, under section 19 of the Social Security Act 1998, to refer a person who makes a claim for DLA on the basis of a severe visual impairment, to an optometrist or orthoptist, in cases where further clinical information is required in order to determine the claim.

The Secretary of State consulted such persons as he considers appropriate, before making these regulations.

A full impact assessment has not been published for this instrument as it has only a negligible impact on the private and voluntary sectors.