The Social Security (Severe Disablement Allowance) Amendment Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Severe Disablement Allowance) Regulations 1984 (“the principal regulations”). They provide that for the purposes of section 36A of the Social Security Act 1975, a person shall be treated as having qualified for a severe disablement allowance for the purposes of an age related addition —

(a) on his first day of incapacity for work in a period of not less than 196 consecutive days which immediately preceded the day on which he became entitled to a non-contributory invalidity pension; or

(b) on his first day of incapacity in a continuous period of incapacity which lasts longer than 196 consecutive days; or

(c) on his first day of incapacity for work in a period of not less than 196 consecutive days which preceded the first day of entitlement to a previous severe disablement allowance;

and that days on which a person was capable of work and which satisfied regulation 7(3) of the principal regulations shall be treated as days of incapacity for work for the purpose of determining the day on which he qualified for severe disablement allowance.

The regulations contained in this instrument are made under section 36A of the Social Security Act 1975, that section having been inserted into the Act by section 2 of the Social Security Act 1990 (c. 27),and are made before the end of a period of 6 months beginning with the coming into force of that enactment. They are accordingly exempted by section 61(5) of the Social Security Act 1986 (c. 50), as amended by paragraph 12(3) of Schedule 8 to the Social Security Act 1989 (c. 24), from reference to the Social Security Advisory Committee and have not been so referred.