The Social Security (Invalid Care Allowance) Amendment (No. 2) Regulations 1993

Statutory Instruments

1993 No. 1851

SOCIAL SECURITY

The Social Security (Invalid Care Allowance) Amendment (No. 2) Regulations 1993

Made

22nd July 1993

Laid before Parliament

27th July 1993

Coming into force

17th August 1993

The Secretary of State for Social Security, in exercise of powers conferred by sections 70(8), 122(1), 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992(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 (No. 2) Regulations 1993 and shall come into force on 17th August 1993.

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

2.—(1) Regulation 4 of the Social Security (Invalid Care Allowance) Regulations 1976(3) (circumstances in which persons are or are not to be treated as engaged or regularly and substantially engaged in caring for severely disabled persons) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1) at the beginning there shall be inserted the words “Subject to paragraph (1A) of this regulation,”.

(3) After paragraph (1) there shall be inserted the following paragraph—

“(1A) A person who is caring for two or more severely disabled persons in a week shall be treated as engaged and regularly and substantially engaged in caring for a severely disabled person only where he is engaged and regularly engaged for at least 35 hours in that week in caring for any one severely disabled person, considered without reference to any other severely disabled person for whom he is caring.”.

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

Nicholas Scott

Minister of State,

Department of Social Security

22nd July 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 4 of the Social Security (Invalid Care Allowance) Regulations 1976.

Regulation 2 provides that a person who cares for two or more severely disabled persons will be treated as engaged and regularly and substantially engaged in caring for a severely disabled person only where at least 35 hours a week is spent in caring for any one of the severely disabled persons, considered without reference to any other severely disabled person for whom he is caring.

These Regulations do not impose any costs on business.

(1)

1992 c. 4. Section 122(1) is cited for the meaning it ascribes to the word “prescribe”.

(2)

See section 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

(3)

S.I. 1976/409.