The Social Security (Severe Disablement Allowance) Regulations 1984

PART IGENERAL

Citation and commencement

1.  These regulations may be cited as the Social Security (Severe Disablement Allowance) Regulations 1984 and shall come into operation in the case of regulations 1, 2, 10, 17, 18 and 19 on 10th September 1984, and in the case of the remainder of the regulations on 29th November 1984.

Interpretation

2.—(1) In these regulations “the Act” means the Social Security Act 1975, F1... “the 1984 Act” means the Health and Social Security Act 1984 [F2and “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992].

[F3(1A) In these Regulations—

  • “councillor” has the same meaning as in section 171F(2) of the Contributions and Benefits Act; and

  • “councillor’s allowance” has the same meaning as in section 30E(2) of the Contributions and Benefits Act.]

[F4(1B) In these Regulations “disability appeal tribunal” means a tribunal constituted in accordance with Schedule 10A to the Act.]

[F5(1C) In these Regulations—

“voluntary body” means a body the activities of which are carried out otherwise than for the purpose of profit; and

“volunteer” means a person who is engaged in voluntary work with a charity or voluntary body, or who is engaged in voluntary work otherwise than for a member of his family, where the only payment received by him or due to be paid to him by virtue of being so engaged, is a payment in respect of any expenses reasonably incurred by him in the course of being so engaged.]

(2) Any reference in these regulations to a person's father, mother, son, or daughter includes a reference to his step-father, step-mother, step-son or step-daughter, as the case may be, and a person shall be treated as such a relative if he would be such a relative if some person born illegitimate had been born legitimate.

[F6(3) In determining whether a day falls within a period of incapacity for work, the provisions of section 30C of the Contributions and Benefits Act (incapacity benefit: days and periods of incapacity for work) and of any regulations made under section 30C(3) and (4) shall have effect for the purposes of severe disablement allowance as they have effect for the purposes of incapacity benefit.]

(4) References in regulations 5(b) and 6 to a person being entitled to a severe disablement allowance and in regulation 20 to a person being entitled to a non-contributory invalidity pension include a reference to a person who would be entitled to a payment of such an allowance or, as the case may be, such a pension but for any provision of the Social Security (Overlapping Benefits) Regulations 1979.

(5) Unless the context otherwise requires, any reference in these regulations to a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.

[F7Disapplication of section 1(1A) of the Administration Act

2A.(1) Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)to an adult dependant in respect of whom a claim for an increase of severe disablement allowance is made or treated as made before 5th October 1998.]