The Social Security (Severe Disablement Allowance) Amendment Regulations 1991

Amendment relating to age related additions

3.  For regulation 10A of the principal Regulations(1) there shall be substituted the following regulation–

“10A.— (1) A person shall be treated for the purposes of section 36A of the Act(2) (which applies an age related addition to a severe disablement allowance) as having qualified for severe disablement allowance–

(a) where he is a person to whom regulation 20 (persons formerly entitled to non-contributory invalidity pension) applies, on the first day of incapacity for work in a period of not less than 196 consecutive days of incapacity for work which immediately preceded the day he was first entitled to a noncontributory invalidity pension;

(b) where he is a person who qualified for severe disablement allowance by virtue of subsection (3)(b) of section 36 of the Act and was incapable of work on each day in a period which immediately preceded the period of not less than 196 consecutive days mentioned in that subsection, on the first day of incapacity for work in the period first mentioned;

(c) where he is a person to whom regulation 6 (modification of section 36(2) and (3) of the Act etc) applies, on the first day of incapacity for work in a period of not less than 196 consecutive days of incapacity which immediately preceded the first day on which he was previously entitled to a severe disablement allowance.

(2) Where in any particular case a person satisfies the requirements of two or more subparagraphs in paragraph (1), then he shall be treated as having qualified for severe disablement allowance in accordance with that sub-paragraph which produces the earlier or earliest day in his case.”

(1)

Regulation 10A was inserted by regulation 2 of S.I. 1990/2209 and came into force on 3rd December 1990.

(2)

Section 36A was inserted by section 2(1) of the Social Security Act 1990 (c. 27).