The Social Security (Claims and Payments) Amendment Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) (“the Claims and Payments Regulations”) and are consequential upon the coming into force of the Disability Living Allowanceand Disability Working Allowance Act 1991 which makes provision for disability living allowanceand disability working allowanceand revokes section 37A of the Social Security Act 1975 under which mobility allowance is paid.

Regulations 3 and 4 amend regulations 4 and 6 of the Claims and Payments Regulations so as to make provision for the making of claims for disability working allowance and the date of claims for disability living allowance and disability working allowance.

Regulation 5 amends regulation 7 of the Claims and Payments Regulations (evidence and information) so that it applies to disability working allowance.

Regulation 6 amends regulation 13(3) of the Claims and Payments Regulations so as to prevent the provisions of that regulation concerning advance claims and awards applying to disability living allowance and disability working allowance.

Regulations 7 and 8 make provision for advance claims for disability living allowance and disability working allowance.

Regulations 9, 10 and 11 amend respectively regulations 16 (date of entitlement to payability of benefit), 17 (duration of awards) and 19 (time for claiming benefit) of the Claims and Payments Regulations so that provision is made in those regulations for disability working allowance.

Regulations 12 and 13 amend respectively regulations 22 and 25 of the Claims and Payments Regulations so that the provision those regulations make as to the payment of benefit shall apply to disability living allowance and regulation 14 substitutes a new regulation 27 so as to make provision for payment of disability working allowance.

Regulation 15 amends regulation 30(5) of the Claims and Payments Regulations so as to disapply the provisions relating to payments on death to disability working allowance. Regulation 16 amends regulation 33 of those Regulations (persons unable to act) so that it applies to disability living allowance and regulation 17 amends regulation 36 of the Claims and Payments Regulations to enable disability working allowance to be paid to a partner.

Regulations 18 and 19 omit regulation 36A which relates to attendance allowance and regulations 39, 40 and 41 which relate to mobility allowance.

Regulations 20 to 24 amend respectively regulations 42 to 46 of the Claims and Payments Regulations (which make provision for the payment of mobility allowance and the cases where mobility allowance is not paid) by substituting references to the mobility component of a disability living allowance for references to mobility allowance.

Regulation 25 amends Schedule 1 to the Claims and Payments Regulations (benefit claimed and other benefit treated as claimed) so that provision is made for disability living allowance and disability working allowance, regulation 26 makes provision in Schedule 4 for the time for claiming disability working allowance and regulations 27 and 28 amend respectively Schedule 6 (days of payment for long term benefit) and Schedule 8 (election to have child benefit paid weekly) to the Claims and Payments Regulations.

Regulation 29 enables certain provisions in the Claims and Payments Regulations relating to mobility allowance which are revoked by these Regulations to continue to apply until 6th April 1992.

These Regulations only contain provisions consequential on the Disability Living Allowance and Disability Working Allowance Act 1991 and are made before the end of the period of 6 months from the coming into force of that Act and so are exempt from reference to the Social Security Advisory Committee by virtue of section 61(5)(a) of the Social Security Act 1986, and have not been so referred.