The Social Security (Severe Disablement Allowance) Regulations 1984

Adjudication

10.—(1) For the purposes of section 36(5) (extent of disablement) of the Act, the evidence required that on any day a person suffers or suffered from loss of physical or mental faculty such that the assessed extent of the resulting disablement amounts or amounted to not less than 80 per cent. shall consist of—

(a) evidence that that day falls within the period specified in a certificate issued in respect of him by the Attendance Allowance Board under section 35(2) of the Act;

(b) evidence that on that day he is or was entitled to—

(i) a mobility allowance under section 37A of the Act(1); or

(ii) a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(2) or under article 25A of the Personal Injuries (Civilians) Scheme 1983(3);

(c) evidence that the extent of his disablement on that day has been assessed for the purposes of section 57 of the Act as not less than 80 per cent;

(d) evidence that that day is or was or is or was later than one in respect of which it has been determined under the Vaccine Damage Payments Act 1979 that he is or was severely disabled as a result of a vaccination against any of the diseases to which that Act applies;

(e) evidence that the degree of his disablement on that day has been assessed for the purposes of Part III of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 or of Part III of the Personal Injuries (Civilians) Scheme 1983 as not less than 80 per cent;

(f) evidence that on that day he is or was registered as a blind or partially sighted person in a register compiled under section 29 of the National Assistance Act 1948;

(g) evidence that on that day the Secretary of State provides or provided him with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1997 or makes or made payments by way of grant to him under paragraph 2 of Schedule 2 to that Act;

(h) evidence that the extent of his disablement on that day has been assessed for the purposes of section 36 of the Act as not less than 80 per cent; or

(i) such other evidence as satisfies an adjudicating medical authority that he so suffers or suffered.

(2) For the purposes of sub-paragraphs (a) to (h) of paragraph (1) an official record of the Department of Health and Social Security of any fact specified in those sub-paragraphs shall be sufficient evidence of that fact.

(3) The disablement questions in relation to severe disablement allowance shall be referred to and determined by an adjudication officer in any case where the Department of Health and Social Security has an official record as specified in paragraph (2).

(4) For the purposes of paragraph (1)(i) “adjudicating medical authority” means an adjudicating medical practitioner, or two or more adjudicating medical practitioners acting as a medical board, or a medical appeal tribunal.

(1)

Section 37A was inserted by section 22 of the Social Security Pensions Act 1975 (c.60).

(2)

article 26A was inserted by article 4 of S.I. 1983/1116.

(3)

article 25A was inserted by article 3 of S.I. 1983/1164.