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E+W+S+N.I.
An Act to introduce as social security benefits disability living allowance and disability working allowance; and for connected purposes.
[27th June 1991]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
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Extent Information
E1This Act does not extend to Northern Ireland except as provided by s.15(4).
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Amendments (Textual)
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The Attendance Allowance Board is dissolved.
(3)Section 37A of the 1975 Act (mobility allowance) is repealed.
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Amendments (Textual)
F2S. 2(1) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 c. 6, ss. 3, 7(2), Sch.1
Commencement Information
I1S. 2 wholly in force 6.4.1992; s. 2(1) in force for certain purposes 19.11.1991, 3.2.1992 and for all other purposes, s. 2 comes into force at 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(b)(c)(f), Sch.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The further amendments specified in Schedule 2 to this Act shall be made.
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Amendments (Textual)
F4S. 4(1) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 c. 6, ss. 3, 7(2), Sch.1
Commencement Information
I2S. 4 wholly in force 6.4.1992; s. 4(1) in force for certain purposes 19.11.1991, 3.2.1992 and for all other purposes, s. 4 comes into force on 6.4.1992 see s. 15(2) and S.I. 1991/2617, art. 2(b)(c)(f), Sch.
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Amendments (Textual)
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Amendments (Textual)
F7(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The further amendments specified in Schedule 3 to this Act shall have effect.
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Amendments (Textual)
F7S. 7(1) repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 c. 6, ss. 3, 7(2), Sch.1
Commencement Information
I3S. 7 wholly in force 6.4.1992; in force for certain purposes 19.11.1991, 10.3.1992 and for all other purposes 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(b)(e)(f), Sch.
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Amendments (Textual)
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Amendments (Textual)
The enactments mentioned in Schedule 4 to this Act are repealed to the extent specified in the third column of that Schedule.
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Commencement Information
I4S. 10 wholly in force 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(f)
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Amendments (Textual)
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Amendments (Textual)
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
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Amendments (Textual)
(1)This Act may be cited as the Disability Living Allowance and Disability Working Allowance Act 1991, and this Act shall be included among the Acts which may be cited together as the Social Security Acts 1975 to 1991.
(2)Apart from the provisions specified in subsection (3) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different provisions of this Act or for different purposes of the same provision.
(3)The provisions referred to in subsection (2) above are sections 12, 13, 14 and this section.
(4)The following provisions of this Act extend to Northern Ireland—
section 4, so far as it relates to paragraphs 2, 6 and 7, 9, 11, 13 and 14, 18, 20 and 21 of Schedule 2;
section 5;
section 7, so far as it relates to paragraph 11 of Schedule 3;
section 10, so far as it relates to the repeals in Schedule 1 to the M1House of Commons Disqualification Act 1975 and Schedule 5 to the M2Value Added Tax Act 1983;
section 11;
section 12;
section 13;
section 14; and
this section.
(5)Except as provided by this section, this Act does not extend to Northern Ireland.
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Subordinate Legislation Made
P1S. 15(2): s. 15(2) power exercised by S.I. 1991/1519
S. 15(2): s. 15(2) power exercised by S.I.1991/2617.
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Amendments (Textual)
Section 4.
F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
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Amendments (Textual)
F15Sch. 2 para. 1 repealed (1.9.1994) by 1994 c. 22, ss. 65, 66 (with s. 57(4))
2F16(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.
F17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F16Sch. 2 para. 2(1) repealed (1.10.1992) by Tribunals and Enquiries Act 1992 c. 53, ss. 18(2), 19(2), Sch. 4 Pt.I
F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
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Amendments (Textual)
F194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
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Amendments (Textual)
F205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
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Amendments (Textual)
6In the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), there shall be inserted, at the appropriate places in alphabetical order,— “ The Disability Living Allowance Advisory Board ”.E+W+S+N.I.
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Commencement Information
I25Sch. 2 para. 6 wholly in force at 3.2.1992 see s. 15(2) and S.I. 1991/2617, art. 2(d)
7In the House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices) in—E+W+S+N.I.
(a)the entry beginning “A member of a panel appointed under section 7 of the Tribunals and Inquiries Act 1971”;
(b)the entry beginning “A regional or other full-time Chairman”; and
(c)the entry for the President of Social Security Appeal Tribunals and Medical Appeal Tribunals,
for the words “and Medical Appeal Tribunals” there shall be substituted the words “ , Medical Appeal Tribunals and Disability Appeal Tribunals ”.
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Commencement Information
I26Sch. 2 para. 7 wholly in force at 3.2.1992 see s. 15(2) and S.I. 1991/2617, art. 2(d)
F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
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Amendments (Textual)
F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F22Sch. 2 para. 9 repealed (6.4.1992 with effect as mentioned in s. 289(1) of the repealing Act) by Taxation of Chargable Gains Act 1992 c. 12 ss. 289(1), 290, Sch.12 (with ss. 60, 101(1), 201(3), Sch. 11 paras. 20, 22, 26(2), 27)
F2310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
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Amendments (Textual)
F2411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
12In section 70(2)(a) of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts) after sub-paragraph (i) there shall be inserted—E+W+S
“(iA)a disability living allowance under section 37ZA of that Act;”.
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Commencement Information
I27Sch. 2 para.12 wholly in force 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(f)
F2513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F25Sch. 2 para. 13 repealed (1.9.1994) by 1994 c. 23, ss. 100(2), 101(1), Sch. 15
14(1)In section 74(4) of the Inheritance Tax Act 1984 (disabled persons for purposes of provisions about pre-1981 trusts for disabled persons) after paragraph (b) there shall be inserted “, or E+W+S+N.I.
(c)is in receipt of a disability living allowance under section 37ZA of the Social Security Act 1975 by virtue of entitlement to the care component at the highest or middle rate.”.
(2)In section 89(4) of that Act (disabled persons for purposes of provisions about other trusts for disabled persons) after paragraph (b) there shall be inserted “, or
(c)in receipt of a disability living allowance under section 37ZA of the Social Security Act 1975 by virtue of entitlement to the care component at the highest or middle rate.”.
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Commencement Information
I28Sch. 2 para. 14 wholly in force 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(f)
F2615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
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Amendments (Textual)
F2716. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
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Amendments (Textual)
F2817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
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Amendments (Textual)
18In section 617(1)(a) of the Income and Corporation Taxes Act 1988 (treatment of social security benefits and contributions for tax purposes) after the words “mobility allowance,” there shall be inserted the words “ disability living allowance, ”.E+W+S+N.I.
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Commencement Information
I29Sch. 2 para. 18 wholly in force 6.4.1992; see s.15(2) and S.I. 1991/2617, art. 2(f)
F2919. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
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Amendments (Textual)
F3020. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.
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Amendments (Textual)
F3121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F31Sch. 2 para. 21 repealed (22.3.2001 with effect as mentioned in s. 579(1) of the amending) by 2001 c. 2, s. 580, Sch. 4
22In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc barred from legal practice) the following entry shall be substituted for the entry beginning “President of Social Security Appeal Tribunals”— “ President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals or regional or other full-time chairman of such tribunals ”.E+W+S
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I30Sch. 2 para. 22 wholly in force at 3.2.1992; see s. 15(2) and S.I. 1991/2617, art. 2(d)
Section 7.
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F32Sch. 3 Pt. I repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 c. 6 , ss. 3, 7(2), Sch.1
9In section 45(1A) of the Child Care Act 1980 (no liability to contribute to maintenance) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”.E+W+S
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I39Sch. 3 para. 9 wholly in force 6.4.1992; in force for certain purposes 10.3.1992 and for all other purposes 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(e)(f)
10In section 70(2)(b) of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”.E+W+S
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I40Sch. 3 para. 10 wholly in force 6.4.1992; in force for certain purposes 10.3.1992 and for all other purposes 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(e)(f)
11In section 617(2)(a) of the Income and Corporation Taxes Act 1988 (treatment of social security benefits and contributions for tax purposes) after the words “family credit” there shall be inserted the words “ , disability working allowance ”.E+W+S+N.I.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I41Sch. 3 para. 11 wholly in force 6.4.1992; in force for certain purposes 10.3.1992 and for all other purposes 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(e)(f)
F3312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F33Sch. 3 para. 12 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)
13In section 17(9) of the Children Act 1989 (no repayment of assistance) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”.E+W+S
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I42Sch. 3 para.13 wholly in force 6.4.1992: in force for certain purposes 10.3.1992 and for all other purposes 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(e)(f)
14In section 29(3) of that Act (no recoupment of costs) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”.E+W+S
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I43Sch. 3 para. 14 wholly in force 6.4.1992; in force for certain purposes 10.3.1992 and for all other purposes 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(e)(f)
15In paragraph 21(4) of Part III of Schedule 2 to that Act (no liability to contribute to maintenance) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”.E+W+S
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I44Sch. 3 para. 15 wholly in force 6.4.1992; in force for certain purposes 10.3.1992 and for all other purposes 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(e)(f)
Section 10.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I45Sch. 4 wholly in force 6.4.1992; see s. 15(2) and S.I. 1991/2617, art. 2(f).
| Chapter | Short title | Extent of repeal |
|---|---|---|
| 1975 c. 14. | Social Security Act 1975. | Section 34(1)(cc).In section 35—in subsection (2), the words from “that specified” to “as being”;in subsection (2B)(a)(i), the words “the date determined under section 105 or 106 below as”;subsection (4)(b) and the word “and” immediately preceding it;subsection (5); andin subsection (6)(b), the words from “or to young” to the end.Section 37A.In section 101(5A), the words “of a social security appeal tribunal”.Sections 105 and 106.Section 115A(2)(f).Section 115B(2)(e).Section 135(2)(cc).Section 140.In section 165D(4), in paragraph (a) of the definition of “adjudicating authority”, the words “the Attendance Allowance Board,”.In Schedule 4, in Part III, paragraph 3A.Schedule 11.In Schedule 16, in Part II, paragraph 7. |
| 1975 c. 24. | House of Commons Disqualification Act 1975. | In Schedule 1, in Part II, the entry relating to the Attendance Allowance Board. |
| 1975 c. 60. | Social Security Pensions Act 1975. | Section 22.In Schedule 4, paragraphs 47 and 52. |
| 1977 c. 49. | National Health Service Act 1977. | In Schedule 15, paragraph 64. |
| 1978 c. 29. | National Health Service (Scotland) Act 1978. | In Schedule 16, paragraph 40. |
| 1979 c. 18. | Social Security Act 1979. | Section 2(4).Section 3. |
| 1982 c. 49. | Transport Act 1982. | Section 70(2)(a)(ii). |
| 1983 c. 55. | Value Added Tax Act 1983. | In Schedule 5, in the seventh note to Group 14, the words “section 37A of the Social Security Act 1975 or”. |
| 1986 c. 50. | Social Security Act 1986. | Sections 71 and 72.In Schedule 5, paragraph 11. |
| 1988 c. 7. | Social Security Act 1988. | In section 1(2), in paragraph (a), the words from “by” to “that Act”, in paragraph (b), the words “by the Board or by such a delegate”, in paragraph (c), the words from “by the Board” to “1975” and the word “and”, and paragraph (d). |
| 1989 c. 24. | Social Security Act 1989. | Section 8.In Schedule 2, in Part I, paragraph (b) of the entry relating to adjudicating bodies.In Schedule 3, paragraph 8.In Schedule 7, paragraph 14. |
| 1990 c. 27. | Social Security Act 1990. | Section 1(3), (4) and (5). |
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