Disability Living Allowance and Disability Working Allowance Act 1991

9 Entitlement to other benefits on termination of employment after period of entitlement to disability working allowance. E+W+S

(1) The following subsections shall be inserted after subsection (5) of section 15 of the 1975 Act (invalidity pension)—

“(5A) Where—

(a) a person who is engaged and normally engaged in remunerative work ceases to be so engaged; and

(b) he is entitled to a disability working allowance for the week in which there falls the last day on which he is so engaged; and

(c) he qualified for a disability working allowance for that week by virtue of an invalidity pension under this section having been payable to him; and

(d) the first relevant day after he ceases to be engaged as mentioned in paragraph (a) above is for him a day of incapacity for work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to such a pension,

any day since that day which fell within a week for which he was entitled to a disability working allowance shall be treated for the purposes of any claim for such a pension for a period commencing after he ceases to be engaged as mentioned in paragraph (a) above as having been a day of incapacity for work.

(5B) Any day other than a Sunday or a day prescribed under section 17(1)(e) below is a relevant day for the purposes of subsection (5A) above.”.

(2) The following subsection shall be inserted after subsection (6B) of section 36 of that Act (severe disablement allowance)—

“(6C) Where—

(a) a person who is engaged and normally engaged in remunerative work ceases to be so engaged; and

(b) he is entitled to a disability working allowance for the week in which there falls the last day on which he is so engaged; and

(c) he qualified for a disability working allowance for that week by virtue of a severe disablement allowance having been payable to him; and

(d) the first day after he ceases to be engaged as mentioned in paragraph (a) above is a day on which he is incapable of work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to a severe disablement allowance,

any day since that day which fell within a week for which he was entitled to a disability working allowance shall be treated for the purposes of any claim for a severe disablement allowance for a period commencing after he ceases to be engaged as mentioned in paragraph (a) above as having been a day on which he was both incapable of work and disabled.”.

(3) The following section shall be inserted after section 16 of the M1 Social Security Pensions Act 1975—

“16A Entitlement to invalidity pension on termination of employment after a period of entitlement to disability working allowance.

(1) Where—

(a) a person who is engaged and normally engaged in remunerative work ceases to be so engaged; and

(b) he is entitled to a disability working allowance for the week in which there falls the last day on which he is so engaged; and

(c) he qualified for a disability working allowance for that week by virtue of an invalidity pension under section 15 or 16 above having been payable to him; and

(d) the first relevant day after he ceases to be engaged as mentioned in paragraph (a) above is a day on which he is incapable of work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to such a pension,

any day since that day which fell within a week for which he was entitled to a disability working allowance shall be treated for the purposes of any claim for such a pension for a period commencing after he ceases to be engaged as mentioned in paragraph (a) above as having been a day on which he was incapable of work.

(2) Any day other than a Sunday or a day prescribed under section 17(1)(e) of the principal Act is a relevant day for the purposes of this section.”.

(4) In Schedule 20 to the 1975 Act, at the end of the definition of “week” there shall be added the words “ and except in relation to disability working allowance ”.

(5) Where—

(a) a person becomes entitled to an invalidity pension or a severe disablement allowance by virtue of section 15(5A) or 36(6C) of the 1975 Act or section 16A of the Social Security Pensions Act 1975; and

(b) when he was last entitled to that pension or allowance, it was increased in respect of a dependant by virtue of—

(i) regulation 8(6) of the M2 Social Security Benefit (Dependency) Regulations 1977;

(ii) regulation 2 of the M3 Social Security (Savings for Existing Beneficiaries) Regulations 1984;

(iii) regulation 3 of the M4 Social Security Benefit (Dependency) Amendment Regulations 1984; or

(iv) regulation 4 of the M5 Social Security Benefit (Dependency and Computation of Earnings) Amendment Regulations 1989,

for the purpose of determining whether his pension or allowance should be increased by virtue of that regulation for any period beginning with the day on which he again becomes entitled to his pension or allowance, the increase in respect of that dependant shall be treated as having been payable to him on each day between the last day on which his pension or allowance was previously payable and the day on which he again becomes entitled to it.

Commencement Information

I1 S. 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)

Marginal Citations

M1 1975 c. 60.

M2 S.I. 1977/343.

M3 S.I. 1984/1696.

M4 S.I. 1984/1698.

M5 S.I. 1989/1690.