The Social Security (Severe Disablement Allowance and Invalid Care Allowance) Amendment Regulations 1994

Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

5.—(1) The Social Security (Invalid Care Allowance) Regulations 1976(1)shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation) after “1975” there shall be inserted “, “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(2)”.

(3) In the heading to regulation 10 and in that regulation for “pensionable age” there shall be substituted “the age of 65”.

(4) After regulation 10 there shall be inserted—

“Women aged 65 before 28th October 1994

10A.   A woman shall be entitled to an invalid care allowance if—

(a) she attained the age of 65 before 28th October 1994;

(b) immediately before attaining the age of 65 she would have satisfied the requirements for entitlement to an invalid care allowance, whether or not she made a claim, but for the condition, which applied prior to 28th October 1994, in section 70(5) of the Contributions and Benefits Act(3)(exclusion of persons who had attained pensionable age and had not been entitled to that allowance immediately before attaining that age); and

(c) she satisfies the requirements for entitlement to an invalid care allowance apart from the conditions in section 70(1)(a) and (b) and (5) of the Contributions and Benefits Act.”.

(5) In the heading to regulation 11 and in that regulation for “retiring age” there shall be substituted “the age of 65”.

(6) After regulation 11 there shall be inserted—

“Men aged 65 before 28th October 1994

11A.   A man who—

(a) attained the age of 65 before 28th October 1994; and

(b) was entitled to an invalid care allowance immediately before he attained that age,

shall be entitled to that allowance notwithstanding that, after he attained that age, he was not caring for a severely disabled person or no longer satisfied the requirements of section 70(1)(a) or (b) of the Contributions and Benefits Act, if he satisfies the other requirements for entitlement to that allowance(4).”.

(1)

S.I. 1976/409; to which there are amendments not relevant to these Regulations.

(2)

1992 c. 4.

(3)

See S.I. 1994/2556, regulation 2 which substituted “the age of 65” for “pensionable age” in section 70 with effect from 28th October 1994.

(4)

See S.I. 1994/2556, which substituted “the age of 65” for “retiring age” in section 70, with effect from 28th October 1994.