The Social Security (Severe Disablement Allowance) Regulations 1984

PART II MISCELLANEOUS PROVISIONS RELATING TO SEVERE DISABLEMENT ALLOWANCE

Conditions relating to residence and presence

3.— [F1 (1) Subject to the following provisions of this regulation, the prescribed conditions for the purposes of section 36(4)(c) of the Act as to residence and presence in Great Britain in relation to any person on any day shall be that—

(a) on that day—

(i) he is ordinarily resident in Great Britain, and

(ib) [F2 he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to severe disablement allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and]

(ii) he is present in Great Britain, and

(iii) he has been present in Great Britain for a period of, or for periods amounting in the aggregate to, not less than 26 weeks in the 52 weeks immediately preceding that day; F3 ...

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F6 (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (2) Section 36 of the Act shall be modified by adding after subsection (4) the following subsection–

“(4ZA) In determining whether the person satisfies any conditions prescribed under paragraph (c) of subsection (4) above–

(a) any period during which the person is absent from Great Britain by reason only of the fact that–

(i) he is abroad in his capacity as a serving member of the forces, or

(ii) he is living with a person mentioned in sub-paragraph (i) and is the spouse, son, daughter, father, father-in-law, mother or mother-inlaw of that person,

shall be treated as a period during which the person was resident in Great Britain; and

(b) any day on which the person is absent from Great Britain by reason only of the fact that on that day–

(i) he is abroad in his capacity as a serving member of the forces, or

(ii) he is living with a person mentioned in sub-paragraph (i) and is the spouse, son, daughter, father, father-in-law, mother or mother-inlaw of that person, or

(iii) he is in employment prescribed for the purposes of section 132 of the Act in connection with continental shelf operations, or

(iv) he is abroad in his capacity as an airman or mariner within the meaning of regulation 81 and regulation 86 respectively of the Social Security (Contributions) Regulations 1979

shall be treated as a day on which the person is present in Great Britain; and for the purposes of this provision, the expression “serving member of the forces” has the same meaning as in regulation 1(2) of the Social Security (Contributions) Regulations 1979.”]

(3) Where a person has been entitled to a severe disablement allowance or a non-contributory invalidity pension for any day, the conditions set out in paragraph (1) of this regulation shall not apply to that person in respect of any subsequent day of incapacity for work falling within the same [F8 period of incapacity for work].

Textual Amendments

F1 Reg. 3(1)(1A) substituted for reg. 3(1) (6.4.1992) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1992 (S.I. 1992/704), regs. 1, 2

F2 Reg. 3(1)(a)(ib) substituted for reg. 3(1)(a)(ia) (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 9(2) (with reg. 12(10))

F3 Word in reg. 3(1) omitted (1.10.2006) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(2), 4

F4 Reg. 3(1)(b) omitted (1.10.2006) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(2), 4

F5 Reg. 3(1A) omitted (1.10.2006) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(2), 4

F6 Reg. 3(1B) omitted (3.4.2000) by virtue of The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 9(3) (with reg. 12(10))

F7 Reg. 3(2) substituted (14.10.1991) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1991 (S.I. 1991/1747), regs. 1(1), 2

F8 Words in reg. 3(3) substituted (13.4.1995) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 2(3)

Circumstances in which a person over [F9 the age of 65] is to be treated as having been entitled to a severe disablement allowance immediately before attaining that age

4.  A person who has attained [F9 the age of 65] shall for the purposes of section 36(4)(d) of the Act be treated as having been entitled to a severe disablement allowance immediately before attaining that age if immediately before attaining it—

(a) he would have satisfied the conditions for entitlement to that allowance or to a non-contributory invalidity pension but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979, or

(b) he was entitled to a non-contributory invalidity pension.

Textual Amendments

F9 Words in reg. 4 and heading substituted (28.10.1994) by The Social Security (Severe Disablement Allowance and Invalid Care Allowance) Amendment Regulations 1994 (S.I. 1994/2556), regs. 1, 4(3)

[F10 Women aged 65 before 28th October 1994

4A.— (1) A woman shall be entitled to a severe disablement 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 a severe disablement allowance or, if she attained that age before 29th November 1984, to a non-contributory invalidity pension (whether or not she made a claim) but for—

(i) the condition, which applied prior to 28th October 1994, in section 68(4)(d) of the Contributions and Benefits Act (exclusion of persons who had attained pensionable age and had not been entitled to a severe disablement allowance immediately before attaining that age); or

(ii) the corresponding condition in respect of non-contributory invalidity pension; and

(c) she satisfies the requirements for entitlement to a severe disablement allowance apart from the conditions in section 68(2), (3) and (4)(d) of the Contributions and Benefits Act.

(2) For the purposes of paragraph (1)(b) there shall be excluded from the requirements for entitlement to a non-contributory invalidity pension the condition that the claimant, if she were married or cohabiting with a man, be incapable of performing normal household duties.]

Textual Amendments

F10 Reg. 4A inserted (28.10.1994) by The Social Security (Severe Disablement Allowance and Invalid Care Allowance) Amendment Regulations 1994 (S.I. 1994/2556), regs. 1, 4(4)

Severe disablement allowance for persons over [F11 the age of 65]

5.  A person who—

(a) has attained [F11 the age of 65]; and

(b) was entitled to a severe disablement allowance immediately before he attained that age,

shall continue to be so entitled notwithstanding that he does not satisfy the conditions specified in subsection (2) or (3) of section 36 of the Act if he satisfies the other requirements for entitlement to such an allowance.

Textual Amendments

F11 Words in reg. 5(a) and heading substituted (28.10.1994) by The Social Security (Severe Disablement Allowance and Invalid Care Allowance) Amendment Regulations 1994 (S.I. 1994/2556), regs. 1, 4(5)

[F12 Men aged 65 before 28th October 1994

5A.   A man who—

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

(b) was entitled to a severe disablement allowance or a non-contributory invalidity pension immediately before he attained that age,

shall be entitled to a severe disablement allowance notwithstanding that he ceased to satisfy the conditions specified in section 68(2) or (3) of the Contributions and Benefits Act after he attained that age, if he satisfies the other requirements for entitlement to that allowance.]

Textual Amendments

F12 Reg. 5A inserted (28.10.1994) by The Social Security (Severe Disablement Allowance and Invalid Care Allowance) Amendment Regulations 1994 (S.I. 1994/2556), regs. 1, 4(6)

Modification of section 36(2) and (3) of the Act in relation to persons who have previously been entitled to a severe disablement allowance

6.  A person who has previously been entitled to a severe disablement allowance for any day shall be entitled to such an allowance on the relevant day notwithstanding that he does not satisfy—

(a) in the case of a person who on the earlier day satisfied the conditions specified in section 36(2) of the Act, the conditions specified in subsection (2)(b) of that section; or

(b) in the case of a person who on the earlier day satisfied the conditions specified in section 36(3) of the Act, the conditions specified in subsection (3)(b) of that section,

if the relevant day and the earlier day fall within the same [F13 period of incapacity for work] and if he satisfies the other requirements for entitlement to such an allowance.

Textual Amendments

F13 Words in reg. 6 substituted (13.4.1995) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 2(4)

Modifications etc. (not altering text)

C1 Subsections 2, 3 and 4 of s. 36 of the Social Security Act 1975 (c.14) were repealed and re-enacted (1.7.1992) as respectively, subsections 2, 3 and 4 of the Social Security Contributions and Benefits Act 1992 (c. 4)

Days for which persons are to be regarded as incapable of work for the purposes of severe disablement allowance

7.— [F14 (1) Subject to paragraph (3), for the purposes of severe disablement allowance a person shall not be treated as incapable of work for any day which is not to be treated as a day of incapacity for work under regulation 4(1)(c) (Persons attending training courses) of the Social Security (Incapacity Benefit) Regulations 1994.]

[F15 (1A) Regulation 5 (night workers) of the Social Security (Incapacity Benefit) Regulations 1994 shall apply for the purposes of severe disablement allowance as it applies for the purposes of incapacity benefit.]

[F16 (1B) For the purposes of severe disablement allowance, a person shall be treated as incapable of work on any day in a period, consisting of a cumulative number of days of incapacity for work not exceeding 91 days in total for which he makes a claim for severe disablement allowance, beginning within a linking term and ending on a day not later than 13 weeks from the end of that linking term in respect of which he has been determined to be a person who is a welfare to work beneficiary; and in this paragraph “linking term” and “welfare to work beneficiary” have the meanings given in regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995 (welfare to work beneficiary).]

[F17 (1C) For the purposes of severe disablement allowance, a person shall be treated as incapable of work on any day where he is treated as incapable of work under regulation 10A of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons participating in approved work to be treated as incapable of work).]

[F18 (2) In determining for the purposes of section 68(2) or (3) of the Contributions and Benefits Act whether a person has been incapable of work for a period of not less than 196 consecutive days, a day shall not be treated as a day on which that person was incapable of work if that day was a day on which he was undergoing imprisonment or detention in legal custody and which was part of a period of imprisonment or detention of more than 6 weeks.]

(3) A person who was incapable of work—

(a) for not less than 196 consecutive days commencing on or before he attained the age of 20, and

(b) for not less than 196 consecutive days immediately preceding the relevant day,

but who was capable of work for a period which does not, or for periods which in the aggregate do not, exceed 182 days where that period or those periods occurred

(i) after the 196 days mentioned in sub-paragraph (a) but before the 196 days mentioned in sub-paragraph (b), and

(ii) after he attained the age of 15 years 24 weeks,

shall be treated for the purposes of section 36(2)(b) of the Act, and for that purpose only, as incapable of work on each day within that period or those periods.

Textual Amendments

F14 Reg. 7(1) substituted (13.4.1995) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 2(5)(b)

F15 Reg. 7(1A) inserted (13.4.1995) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 2(5)(b)

F16 Reg. 7(1B) inserted (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 5(2)

F17 Reg. 7(1C) inserted (3.4.2000) by The Social Security (Approved Work) Regulations 2000 (S.I. 2000/678), regs. 1, 7

F18 Reg. 7(2) substituted (13.4.1995) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 2(5)(b)

Modifications etc. (not altering text)

C2 Subsections 2, 3 and 4 of s. 36 of the Social Security Act 1975 (c.14) were repealed and re-enacted (1.7.1992) as respectively, subsections 2, 3 and 4 of the Social Security Contributions and Benefits Act 1992 (c. 4)

C3 Subsections 2, 3 and 4 of s. 36 of the Social Security Act 1975 (c.14) were repealed and re-enacted (1.7.1992) as respectively, subsections 2, 3 and 4 of the Social Security Contributions and Benefits Act 1992 (c. 4)

Treatment of duties as a councillor as a day of incapacity for work

F19 7A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Reg. 7A omitted (13.4.1995) by virtue of The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 2(5)

Circumstances in which a person is to be treated as receiving full-time education

8.—(1) A person shall be treated as receiving full-time education for the purposes of severe disablement allowance for any period during which—

(a) he is not less than 16 or more than 19 years of age; and

(b) he attends for not less than 21 hours a week a course of education; so, however, that in calculating the number of hours a week during which he attends that course no account shall be taken of any instruction or tuition which is not suitable for persons of the same age and sex who do not suffer from a physical or mental disability.

(2) In determining the duration of a period of full-time education under paragraph (1), any temporary interruption of that education may be disregarded.

(3) A person over the age of 19 shall be treated as not receiving full-time education.

[F20 Severe disablement allowance for persons who are councillors

8A.   Where the amount of a councillor's allowance to which a person is entitled in respect of any week exceeds the sum for the time being specified in [F21 regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994], then an amount equal to the excess shall be deducted from the amount of any severe disablement allowance to which he is entitled in respect of that week, and only the balance remaining (if any) shall be payable.]

Textual Amendments

F20 Reg. 8A inserted (9.10.1989) by The Social Security (Severe Disablement Allowance (Amendment) and Local Councillors Consequential) Regulations 1989 (S.I. 1989/1687), regs. 1, 2(4)

F21 Words in reg. 8A substituted (13.4.1995) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 2(6)

Modifications etc. (not altering text)

C4 THe "amount", where paid otherwise than weekly, is further defined by reg. 3 of S.I. 1989/1687

Disqualification for severe disablement allowance

F22 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Reg. 9 omitted (13.4.1995) by virtue of The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 3

Adjudication

10.—(1) For the purposes of section 36(5) (extent of disablement) of the Act, the evidence required that on any day a person suffers or suffered from loss of physical or mental faculty such that the assessed extent of the resulting disablement amounts or amounted to not less than 80 per cent. shall consist of—

(a) [F23 evidence that that day falls within [F24 a period when the person is or was entitled to attendance allowance] under section 35(2) of the Act;]

(b) [F25 evidence that on that day he is or was entitled to—

[F26 (i) a mobility allowance under section 37A of the Act or the mobility component of disability living allowance at the higher rate prescribed in accordance with section 37ZC(10) of the Act or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Act; or]

(ii) a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(1) or under article 25A of the Personal Injuries (Civilians) Scheme 1983;]

[F25 evidence that on that day he is or was entitled to the care component of disability living allowance at the highest rate prescribed in accordance with section 72(3) and (4) (a) of the Contributions and Benefits Act;]

(c) evidence that the extent of his disablement on that day has been assessed for the purposes of section 57 of the Act as not less than 80 per cent;

(d) evidence that that day is or was or is or was later than one in respect of which it has been determined under the Vaccine Damage Payments Act 1979 that he is or was severely disabled as a result of a vaccination against any of the diseases to which that Act applies;

(e) evidence that the degree of his disablement on that day has been assessed for the purposes of Part III of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 or of Part III of the Personal Injuries (Civilians) Scheme 1983 as not less than 80 per cent;

(f) evidence that on that day he is or was registered as a blind [F27 or partially sighted] person in a register compiled under section 29 of the National Assistance Act 1948;

[F28 (ff) evidence that he has been certified as blind [F29 or partially sighted] and that in consequence he is or was registered on that day as blind [F29 or partially sighted] in a register maintained by or on behalf of a regional or islands council;]

(g) evidence that on that day the Secretary of State provides or provided him with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1997 or makes or made payments by way of grant to him under paragraph 2 of Schedule 2 to that Act;

[F30 (gg) evidence that on that day the Secretary of State provides or provided him with an invalid carriage or other vehicle under section 46 of the National Health Service (Scotland) Act 1978or makes or made payments by way of grant to him under that section;]

(h) evidence that the extent of his disablement on that day has been assessed for the purposes of section 36 of the Act as not less than 80 per cent; or

[F31 (hh) subject to paragraph (2B) and during the period referred to in regulation 7(1B), evidence that he has been determined on that day to be a welfare to work beneficiary in accordance with regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995;]

(i) such other evidence as satisfies [F32 the Secretary of State or, as the case may be, an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998] that he so suffers or suffered.

(2) For the purposes of sub-paragraphs (a) to (h) of paragraph (1) an official record of the [F33 Department of Social Security] of any fact specified in those sub-paragraphs shall be sufficient evidence of that fact.

[F34 (2A) For the purposes of paragraphs (1)(g) and (1)(gg) “invalid carriage or other vehicle” means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant.]

[F35 (2B) Paragraph (1)(hh) shall not apply to a welfare to work beneficiary who, in his immediate past period of incapacity for work within the meaning of regulation 13A of the Social Security (Incapacity for Work) (General) Regulations 1995, was not assessed to be disabled in accordance with section 68(6) of the Contributions and Benefits Act.]

F36 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Reg. 10(1)(a) omitted (1.4.1997) by virtue of The Social Security (Incapacity for Work and Severe Disablement Allowance) Amendment Regulations 1997 (S.I. 1997/1009), regs. 1, 3(a) (with reg. 4)

F24 Words in reg. 10(1)(a) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 9(2)

F25 Reg. 10(1)(b) substituted (1.4.1997) by The Social Security (Incapacity for Work and Severe Disablement Allowance) Amendment Regulations 1997 (S.I. 1997/1009), regs. 1, 3(b) (with reg. 4)

F26 Reg. 10(1)(b)(i) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 9(3)

F27 Words in reg. 10(1)(f) deleted (1.4.1997) by The Social Security (Incapacity for Work and Severe Disablement Allowance) Amendment Regulations 1997 (S.I. 1997/1009), regs. 1, 3(c) (with reg. 4)

F28 Reg. 10(1)(ff) inserted (8.12.1986) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1986 (S.I. 1986/1933), regs. 1, 2(3)

F29 Words in reg. 10(1)(ff) deleted (1.4.1997) by The Social Security (Incapacity for Work and Severe Disablement Allowance) Amendment Regulations 1997 (S.I. 1997/1009), regs. 1, 3(d) (with reg. 4)

F30 Reg. 10(1)(gg) inserted (8.12.1986) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1986 (S.I. 1986/1933), regs. 1, 2(3)

F31 Reg. 10(1)(hh) inserted (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 5(3)(a)

F32 Words in reg. 10(1)(i) substituted (6.9.1999) by The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), reg. 1, Sch. 5 para. 1(a)

F33 Words in reg. 10(2) substituted (28.11.1988) by The Transfer of Functions (Health and Social Security) Order 1988 (S.I. 1988/1843), arts. 1(3), 3(4)

F34 Reg. 10(2A) inserted (8.12.1986) by The Exempt Charities (No. 3) Order 1996 (S.I. 1996/1933), regs. 1, 2(3)

F35 Reg. 10(2B) inserted (5.10.1998) by The Social Security (Welfare to Work) Regulations 1998 (S.I. 1998/2231), regs. 1, 5(3)(b)

F36 Reg. 10(3)(4) omitted (6.9.1999) by virtue of The Social Security Act 1998 (Commencement No. 9, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2422), reg. 1, Sch. 5 para. 1(b)

(1)

article 26A was inserted by article 4 of S.I. 1983/1116.