Social Security Act 1979

3 Mobility allowance

(1) Section 37A of the principal Act is amended as follows.

(2) In subsection (4) (increase in rate of mobility allowance) for the words " and such other matters as he thinks relevant" there are substituted the words " any changes in taxation which directly affect the cost of motoring for persons in receipt of mobility allowance and such other matters as he thinks relevant; and he shall lay before Parliament a statement setting out his conclusion and the reasons therefore as soon as is reasonably practicable. ".

(3) In subsection (5) (periods for which mobility allowance is not payable)—

(a) in paragraph (a) (allowance not payable to a person for any period in which he is under the age of 5 or over pensionable age) for the words " pensionable age " there are substituted the words " the age of 75 "; and

(b) the following paragraph is inserted after paragraph (a)—

“(aa) in respect of a period in which he is over the age of 65 but under the age of 75 unless either—

(i) he had been entitled to a mobility allowance in respect of a period ending immediately before the date on which he attained the age of 65 ; or

(ii) he would have been so entitled but for paragraph (b) below and a claim for the allowance by or in respect of him is made before the date on which he attained the age of 66 ;”.

(4) The following subsections are inserted after subsection (6)—

“(6A) Regulations may provide that this section shall have effect in relation to prescribed categories of persons in respect of whom certificates issued in pursuance of regulations made under section 13 of the Social Security (Miscellaneous Provisions) Act 1977 (mobility allowance for person eligible for invalid carriage) are in force as if, in subsection (5), the words " or over the age of 75 " and paragraph (aa) were omitted.

(6B) Where, before the coming into force of this subsection, a person has been awarded a mobility allowance for a specified period ending with the date on which he will attain pensionable age, that award shall have effect as if it referred instead to a period ending with the date on which he will attain the age of 75 years.”.

(5) Where an application for a certificate under the [S.I. 1977/1229.] Mobility Allowance (Vehicle Scheme Beneficiaries) Regulations 1977 was refused before the commencement of the [S.I. 1978/743.] Mobility Allowance (Vehicle Scheme Beneficiaries) Amendment Regulations 1978 any question whether the application was properly refused shall be determined as if that commencement had preceded the refusal.