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.”
Regulation 10A was inserted by regulation 2 of S.I. 1990/2209 and came into force on 3rd December 1990.
Section 36A was inserted by section 2(1) of the Social Security Act 1990 (c. 27).