The Social Security (Attendance Allowance and Disability Living Allowance) (Miscellaneous Amendments) Regulations 1997

Insertion of new regulation in the Adjudication Regulations

4.  After regulation 67 of the Adjudication Regulations (review in social fund maternity, funeral or heating expenses cases) there shall be inserted—

“Review in attendance allowance and disability living allowance cases

67A.— (1) Failure by a person to attend for, or submit to, a medical examination under the provisions made under section 57A of the Administration Act(1) (medical examinations) is prescribed as a relevant change of circumstances for the purposes of section 30(2)(b) or 35(1)(b) of the Administration Act (review on the grounds of relevant change of circumstances).

(2) In the case where an award of attendance allowance or disability living allowance falls to be reviewed under section 30(2)(b) or 35(1)(b) of the Administration Act (review on the grounds of relevant change of circumstances) in the circumstances prescribed under paragraph (1), the decision given on review shall have effect from the date determined by the Secretary of State under regulation 8D(1) of the Social Security (Attendance Allowance) Regulations 1991(2) or regulation 5B(1) of the Social Security (Disability Living Allowance) Regulations 1991(3), as the case may be.”.

(1)

1992 c. 5. Section 57A was inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 18.

(2)

S.I. 1991/2740. Regulation 8D was inserted by S.I. 1997/1839.

(3)

S.I. 1991/2890. Regulation 5B was inserted by S.I. 1997/1839.