PART II MISCELLANEOUS PROVISIONS RELATING TO [F1 CARER'S ALLOWANCE]

Textual Amendments

F1 Words in Pt. II heading substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1, Sch. 2 para. 1, 2

Prescribed payments out of public funds which constitute the persons in respect of whom they are payable as severely disabled persons

3.—(1) For the purposes of [F2 section 70 of the Contributions and Benefits Act] ([F3 carer’s allowance]) the prescribed payments out of public funds which constitute the persons in respect of whom they are payable as severely disabled persons are—

(a) a payment under [F4 section 104 of the Contributions and Benefits Act] (increase of disablement pension where constant attendance needed);

(b) a payment such as is referred to in section 7(3)(b) of the Industrial Injuries and Diseases (Old Cases) Act 1975 (increase of an allowance under that Act where the person in respect of whom that allowance is payable requires constant attendance as a result of his disablement);

(c) a payment under regulation 44 of the Social Security (Industrial Injuries) (Benefit) Regulations 1975(1) in respect of the need of constant attendance;

(d) a payment by way of an allowance in respect of constant attendance on account of disablement for which a person is in receipt of a war disablement pension,

being a payment the weekly rate of which is not less than the amount specified in [F5 paragraph 2(a) of Part V of Schedule 4 to the Contributions and Benefits Act].

(2) For the purposes of paragraph (1)(d) of this regulation “war disablement pension” means —

(a) retired pay, pension or allowance granted in respect of disablement under powers conferred by or under the Ministry of Pensions Act 1916 the Air Force (Constitution) Act 1917, the Personal Injuries (Emergency Provisions) Act 1939, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the Polish Resettlement Act 1947, the Home Guard Act 1951 or the Ulster Defence Regiment Act 1969;

(b) any retired pay or pension to which section 365(1) of the Income and Corporation Taxes Act 1970 applies, not being retired pay, pension or allowance to which sub-paragraph (a) of this paragraph applies; or

(c) any payment which the Secretary of State has certified can be accepted as being analogous to any such retired pay, pension or allowance as is referred to in sub-paragraph (a) or (b) of this paragraph.

Textual Amendments

F2 Words in reg. 3(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(3)(a)

F3 Words in reg. 3 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2

F4 Words in reg. 3(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(3)(b)

F5 Words in reg. 3(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(3)(c)

(1)

(1975 I, p. 1979).