The Social Security (Invalid Care Allowance) Amendment Regulations 1991

Statutory Instruments

1991 No. 307

SOCIAL SECURITY

The Social Security (Invalid Care Allowance) Amendment Regulations 1991

Made

21st February 1991

Laid before Parliament

28th February 1991

Coming into force

8th April 1991

The Secretary of State for Social Security, in exercise of powers conferred by section 37(8) of, and Schedule 20 to, the Social Security Act 1975(1), and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it(2), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security (Invalid Care Allowance) Amendment Regulations 1991 and shall come into force on 8th April 1991.

Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

2.  In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 1976(3)(circumstances in which a person is or is not to be treated as gainfully employed) for the sum of “£20” in each place where it occurs, there shall be substituted the sum of “£30”.

Revocation

3.  The Social Security (Invalid Care Allowance) Amendment Regulations 1990(4) are hereby revoked.

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott

Minister of State,

Department of Social Security

21st February 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (“the 1976 Regulations”).

Under section 37(1) of the Social Security Act 1975 a person is entitled to an invalid care allowance for any day on which he is engaged in caring for a severely disabled person if, among other things, he is not gainfully employed. Regulation 8(1) of the 1976 Regulations provides that a person is not to be treated as gainfully employed on any day in a week unless, and is to be treated as gainfully employed on every day in a week if, his earnings in the immediately preceding week (subject to specified exceptions) have exceeded a specified sum. These Regulations increase that sum from £20 to £30.

Regulation 3 contains a revocation consequent upon the coming into force of these Regulations.

(1)

1975 c. 14. Schedule 20 is cited for the meaning it ascribes to “Prescribe” and “Regulations”.

(2)

See section 61(1)(b) and (10) of the Social Security Act 1986 (c. 50). The definition “regulations”was added to section 61(10) by the Social Security Act 1989 (c. 24), Schedule 8, paragraph 12(4).

(3)

S.I. 1976/409, to which the relevant amending instruments are S.I. 1982/1493 and 1990/620.

(4)

S.I. 1990/620.