1981 No. 655
SOCIAL SECURITY

The Social Security (Invalid Care Allowance) Amendment Regulations 1981

Made
Laid before Parliament
Coming into Operation
The Secretary of State for Social Services, in exercise of the powers conferred upon him by section 37(1)(c) of the Social Security Act 19751 and of all other powers enabling him in that behalf, and after reference to the National Insurance Advisory Committee2 hereby makes the following regulations:—

Citation and commencement1.

These regulations may be cited as the Social Security (Invalid Care Allowance) Amendment Regulations 1981 and shall come into operation on 1st June 1981.

Amendment of the Social Security (Invalid Care Allowance) Regulations 19762.

For regulation 6 of the Social Security (Invalid Care Allowance) Regulations 19763 (prescribed relationships between severely disabled persons and persons engaged in caring for them) there shall be substituted the following regulation:—

“Severely disabled persons prescribed for the purposes of section 37(1)(c) of the Act

6.

For the purposes of section 37(1)(c) of the Act (condition of entitlement to an invalid care allowance that the severely disabled person is either such relative of the person caring for him as may be prescribed or a person of any such other description as may be prescribed) where a severely disabled person is being cared for by another person, that disabled person shall be a prescribed person for the purposes of that section, whether he is related to the person caring for him or not.”

Patrick Jenkin
Secretary of State for Social Services
EXPLANATORY NOTE

These regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 and prescribe that section 37(1)(c) of the Social Security Act 1975 shall apply to any severely disabled person who is being cared for by another person, whether he is related to the person caring for him or not. The regulations have the effect of extending entitlement to invalid care allowance to all persons caring for a severely disabled person apart from those excluded by section 37(3) (persons under 16 or receiving full-time education, married women and any woman who is living with a man, to whom she is not married, as his wife).

The report of the National Insurance Advisory Committee dated June 1980 relevant to these regulations is contained in Command Paper (Cmnd. 7905) published by Her Majesty's Stationery Office.