39.—(1) A claim for mobility allowance may be made, or treated as made, for a period beginning on such date later than the date on which the claim is received, being a date not more than 3 months after the date on which it is so received as the Secretary of State may determine:
Provided that–
(a)in the case of a claim in respect of a child who will attain the age of 5 within the 3 months period, no date earlier than the date of his fifth birthday shall be treated as the date the claim is made; and
(b)in the case of a claim for the renewal of an existing award of an allowance, the first day after the ending of the period of the existing award shall be treated as the date the claim is made.
(2) Where, in accordance with the foregoing provisions of this regulation, a claim is made, or treated as made, for a period beginning after the date on which it is received–
(a)the entitlement to an allowance of the person in respect of whom such claim is made shall be determined having regard to the physical disablement to which that person may be expected to be subject at the beginning of the period for which the claim is, or is treated as being made; and
(b)if it appears that the conditions for entitlement to an allowance will be satisfied from the beginning of such period, an allowance may be awarded, payable from that date, subject to the condition that, when the allowance becomes payable, the person in respect of whom such claim is made satisfies the requirements for entitlement to an allowance for which provision is made in section 37A of the Social Security Act 1975(1) or in these regulations; and if at any time during the period for which such an award is made, any of those requirements are found not to have been satisfied, the award shall be reviewed.
40. Where mobility allowance has been awarded to any person for a period ending before the date on which he attains the age of 75 and no further claim for an allowance made by, or in respect of, that person has been received by the Secretary of State before the end of that period, any further claim so made, which is received or by virtue of regulation 4(1) of the Mobility Allowance Regulations 1975(2) is treated as received, by the Secretary of State on a date not more than 6 months after the end of that period, shall be treated as a claim for a period beginning immediately after the end of that period.
41.—(1) Subject to the following provisions of this regulation, every person, in respect of whom a claim for allowance is made or to whom mobility allowance has been awarded, shall comply with every notice given to him by the Secretary of State which requires him either–
(a)to submit himself to a medical examination by a medical authority for the purpose of determining any medical question as defined in regulation 53 of the Social Security (Adjudication) Regulations 1986(3); or
(b)to submit himself to such medical or other treatment as is available to him and is considered appropriate in his case by any medical authority to whose examination he has submitted himself in accordance with the foregoing provisions of this regulation, being treatment that may be expected to improve his condition so as to enable him to walk.
(2) Every notice given for the purpose of this regulation requiring a person to submit himself to medical examination shall be given in writing and shall specify the time and place of examination and shall not require a person to submit himself to examination on a date earlier than the third day after the day on which the notice is sent.
(3) Every person who is required to submit himself to a medical examination under this regulation shall attend at every such place and at every such time as may be required.
(4) Every person in respect of whom a claim for mobility allowance is made or to whom an allowance is awarded who, without good cause, fails to comply with any requirement of this regulation shall, if the adjudicating authority so decides, be disqualified for receiving any allowance in respect of the period of such failure:
Provided that–
(a)nothing in this regulation shall authorise the disqualification of any person for receiving an allowance for a period exceeding 6 weeks on any disqualification; and
(b)no person shall be disqualified for receiving any allowance for refusal to undergo a surgical operation not being one of a minor character.
42.—(1) Subject to the provisions of this regulation, an allowance shall not be payable to any person who would otherwise be entitled to it in respect of any period–
(a)during which that person has the use of an invalid carriage or other vehicle provided by the Secretary of State under section 5(2) of and Schedule 2 to the National Health Service Act 1977(4) or section 46 of the National Health Service (Scotland) Act 1978(5) which is a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant; or
(b)in respect of which that person has received, or is receiving, any payment–
(i)by way of grant under the said section 5(2) and Schedule 2 or section 46 towards the costs of running a private car, or
(ii)of mobility supplement under the Naval, Military and Air Forces etc, (Disablement and Death) Service Pensions Order 1983(6) or the Personal Injuries (Civilians) Scheme 1983(7), or under the said Order by virtue of the War Pensions (Naval Auxiliary Personnel) Scheme 1964(8), the Pensions (Polish Forces) Scheme 1964(9), the War Pensions (Mercantile Marine) Scheme 1964(10) or an Order of Her Majesty in relation to the Home Guard dated 21st December 1964(11) or 22nd December 1964(12), or in relation to the Ulster Defence Regiment dated 4th January 1971(13)
or any payment out of public funds which the Secretary of State is satisfied is analogous thereto.
(2) A person who has notified the Secretary of State that he no longer wishes to use such an invalid carriage or other vehicle as is referred to in paragraph (1)(a) and has signed an undertaking that he will not use it while it remains in his possession awaiting collection, shall be treated, for the purposes of this regulation, as not having the use of that invalid carriage or other vehicle.
(3) Where a person in respect of whom mobility allowance is claimed for any period has received any such payment as referred to in paragraph (1)(b) for a period which, in whole or in part, covers the period for which the allowance is claimed, such payment shall be treated as an aggregate of equal weekly amounts in respect of each week in the period for which it is made and, where in respect of any such week a person is treated as having a weekly amount so calculated which is less than the weekly rate of allowance specified in paragrah 3A of Part III of Schedule 4 to the Social Security Act 1975, any allowance to which that person may be entitled for that week shall be payable at a weekly rate reduced by the weekly amount so calculated.
(4) In a case where the Secretary of State has issued a certificate to the effect that he is satisfied–
(a)that the person in question either–
(i)has purchased or taken on hire or hire-purchase or
(ii)intends to purchase or take on hire or hire-purchase a private car or similar vehicle (“the car”) for a consideration which is more than nominal, on or about a date (not being earlier than 13th January 1982) specified in the certificate (“the said date”);
(b)that that person intends to retain possession of the car at least during, and to learn to drive it within, the period of 6 months or greater or lesser length of time as may be specified in the certificate (“the said period”) beginning on the said date; and
(c)that that person will use mobility allowance in whole or in part during the said period towards meeting the expense of acquiring the car,
paragraph (1)(a) shall not apply, and shall be treated as having never applied, during a period beginning on the said date and ending at the end of the said period or (if earlier) the date on which the Secretary of State cancels the certificate because that person has parted with possession of the car or for any other reason.
43.—(1) In any case where a claim for an allowance for a child is received by the Secretary of State, he shall, in accordance with the following provisions of this regulation, appoint a person to exercise, on behalf of that child, any right to which he may be entitled under the Social Security Act 1975 in connection with an allowance and to receive and deal on his behalf with any sums payable by way of an allowance.
(2) Subject to the following provisions of this regulation, a person appointed by the Secretary of State under this regulation to act on behalf of the child shall–
(a)be a person with whom the child is living; and
(b)be over the age of 18; and
(c)be either the father or mother of the child, or, if the child is not living with either parent, be such other person as the Secretary of State may determine; and
(d)have given such undertaking as may be required by the Secretary of State as to the use, for the child’s benefit, of any allowance paid.
(3) For the purpose of paragraph (2)(a), a person with whom a child has been living shall, subject to paragraph (4) and to the power of the Secretary of State to determine in any case that the provisions of this paragraph should not apply, be treated as continuing to live with that child during any period–
(a)during which that person and the child are separated but such separation has not lasted for a continuous period exceeding 8 weeks; or
(b)during which the child is absent by reason only of the fact that he is receiving full-time education at a school; or
(c)during which the child is absent and undergoing medical or other treatment as an in-patient in a hospital or similar institution; or
(d)during such other period as the Secretary of State may in any particular case determine:
Provided that where the absence of the child under (b) has lasted for a continuous period of 26 weeks or the child is absent under (c), that person shall only be treated as continuing to live with that child if he satisfies the Secretary of State that he has incurred, or has undertaken to incur, expenditure for the benefit of the child of an amount not less than the allowance payable in respect of such period of absence.
(4) Where a child, in respect of whom an allowance is payable, is, by virtue of any provision of an Act of Parliament–
(a)committed to, or received into the care of, a local authority; or
(b)subject to a supervision requirement and residing in a residential establishment under arrangements made by a local authority in Scotland;
any appointment made under the foregoing provisions of this regulation shall terminate forthwith:
Provided that, when a child is committed to, or received into, care or is made subject to a supervision requirement for a period which is, and when it began was, not intended to last for more than 8 weeks the appointment shall not terminate by virtue of this paragraph until such period has lasted for 8 weeks.
(5) In any case where an appointment on behalf of any child in the care of, or subject to a supervision requirement under arrangements made by, a local authority is terminated in accordance with paragraph (4), the Secretary of State may, upon application made to him by that local authority or by an officer of such authority nominated for the purpose by that authority, appoint the local authority or nominated officer thereof or appoint such other person as he may, after consultation with the local authority, determine, to exercise on behalf of the child any right to which that child may be entitled under the Act in connection with the allowance and to receive and deal on his behalf with any sums payable to him by way of mobility allowance for any period during which he is in the care of, or, as the case may be, subject to a supervision requirement under arrangements made by, that authority.
(6) Where a child is undergoing medical or other treatment as an in-patient in a hospital or similar institution and there is no other person to whom mobility allowance may be payable by virtue of an appointment under this regulation, the Secretary of State may, upon application made to him by the district health authority or, as the case may be, social services authority, controlling the hospital or similar institution in which the child is an in-patient, or by an officer of that authority nominated for the purpose by the authority, appoint that authority or the nominated officer thereof or such other person as the Secretary of State may, after consultation with that authority, determine, to exercise on behalf of the child any right to which that child may be entitled in connection with the allowance and to receive and deal on his behalf with any sums payable to him by way of mobility allowance for any period during which he is an in-patient in a hospital or similar institution under the control of that authority.
(7) For the purposes of this regulation–
“district health authority” means, in relation to England and Wales a District Health Authority within the meaning of the National Health Service Act 1977(14) and, in relation to Scotland, a Health Board within the meaning of the National Health Services (Scotland) Act 1978(15);
“child’s father” and “child’s mother” include a person who is a child’s father or mother by adoption or would be such a relative if an illegitimate child had been born legitimate;
“hospital or similar institution” means any premises for the reception of and treatment of person suffering from any illness, including any mental disorder, or of persons suffering from physical disability, and any premises used for providing treatment during convalescence or for medical rehabilitation;
“local authority” means, in relation to England and Wales, a local authority as defined in the Local Government Act 1972(16) and, in relation to Scotland, a local authority as defined in the Local Government (Scotland) Act 1973(17);
“social services authority” means–
in relation to England and Wales, the social services committee established by a local authority under section 2 of the Local Authority Social Services Act 1970(18); and
in relation to Scotland, the social work committee established by a local authority under section 2 of the Social Work (Scotland) Act 1968(19).
44.—(1) Where, under arrangements made or negotiated by Motability, an agreement has been entered into by or on behalf of a beneficiary in respect of whom mobility allowance is payable for the hire or hire-purchase of a vehicle, the Secretary of State may arrange that any mobility allowance payable to the beneficiary shall be paid in whole or in part on behalf of the beneficiary in settlement of liability for payments due under that agreement.
(2) Subject to regulations 45 and 46 an arrangement made by the Secretary of State under paragraph (1) shall terminate at the end of whichever is the relevant period specified in paragraph (3), in the case of hire, or paragraph (4), in the case of a hire-purchase agreement.
(3) In the case of hire the relevant period shall be:–
(a)where the vehicle is returned to the owner at or before the expiration of the original term of hire, the period of the original term; or
(b)where the vehicle is retained by or on behalf of the beneficiary with the owner’s consent after the expiration of the original term of hire, the period of the original term; or
(c)where the vehicle is retained by or on behalf of the beneficiary otherwise than with the owner’s consent after the expiration of the original term of hire or its earlier termination, whichever is the longer of the following periods
(i)the period ending with the return of the vehicle to the owner; or
(ii)the period of the original term of hire.
(4) In the case of a hire-purchase agreement, the relevant period shall be:–
(a)the period ending with the purchase of the vehicle; or
(b)where the vehicle is returned to the owner or is repossessed by the owner under the terms of the agreement before the completion of the purchase, the original period of the agreement.
(5) In this regulation “Motability” means the company, set up under that name as a charity and incorporated under the Companies Act 1985(20) Registered No. 1348959.
45. The Secretary of State may terminate an arrangement for the payment of mobility allowance on behalf of a beneficiary under regulation 44 on such date as he shall decide–
(a)if requested to do so by the owner of the vehicle to which the arrangement relates, or
(b)where it appears to him that the arrangement is causing undue hardship to the beneficiary and that it should be terminated before the end of any of the periods specified in regulation 44(3) or 44(4).
46. The Secretary of State shall end an arrangement for the payment of mobility allowance on behalf of a beneficiary made under regulation 44, where he is satisfied that the vehicle to which the arrangement relates has been returned to the owner, and that the expenses of the owner arising out of the hire or hire-purchase agreement have been recovered following the return of the vehicle.
1975 c. 14; section 37A was added by the Social Security Pensions Act 1975 (c. 60), s.22(1).
S.I. 1986/2218.
S.I. 1964/1985.
S.I. 1964/2058.
Cmnd 2563.
Cmnd 2564.
Cmnd 4567.
1977 c. 49; section 8(1A) was added by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 28(a).