The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991

Amendment of the Payments on Account, Overpayments and Recovery Regulations

15.—(1) The Payments on Account, Overpayments and Recovery Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1(2) (interpretation)–

(a) in the definition of “adjudicating authority” after the words “social security appeal tribunal” there shall be inserted the words “ a disability appeal tribunal ”;

(b) after the definition of “the Claims and Payments Regulations” there shall be inserted the following definitions–

““disability living allowance” means a disability living allowance under section 37ZA of the Social Security Act 1975 M1 ;

“disability working allowance” means a disability working allowance under section 20 of the Act.”.

(3) In regulation 2 (making of interim payments)–

(a) in paragraph (2) at the beginning before the words “on or before the making” there shall be inserted the words “ subject to paragraph (3), ”;

(b) after paragraph (2) there shall be inserted the following paragraph–

“(3) Where the recipient of an interim payment of disability living allowance–

(a) is terminally ill within the meaning of section 35(2C) of the Social Security Act 1975 M2 ; or

(b) had an invalid carriage or other vehicle provided by the Secretary of State under section 5(2)(a) of the National Health Service Act 1977 and Schedule 2 to that Act M3 or under section 46 of the National Health Service (Scotland) Act 1978 M4 ,

the requirement to give notice in paragraph (2) of this regulation shall be omitted.”.

(4) In paragraph (1) of regulation 8 (duplication and prescribed payments) after sub-paragraph (g) there shall be inserted the following sub-paragraph–

“(h) any disability working allowance.”

(5) In paragraphs (1) and (3) of regulation 14 (quarterly diminution of capital resources) for the words “or family credit” in each place they occur there shall be substituted the words “ , family credit or disability working allowance ”.

(6) In paragraph (2) of regulation 15 (recovery by deduction from prescribed benefits) at the end there shall be added the following sub-paragraph–

“(e) any disability working allowance.”

(7) In regulation 16(2) (limitations on deductions from prescribed benefits) M5 the words “attendance allowance in respect of a child, arising under section 35(1) to (4) of the Social Security Act 1975 as modified by regulation 6 of the Social Security (Attendance Allowance) (No.2) Regulations 1975,” shall be omitted.

(8) In regulation 17 (recovery from couples) for the words “or family credit” in each place they occur there shall be substituted the words “ , family credit or disability working allowance ”.

Modifications etc. (not altering text)

C1 Reg. 15 modified (7.4.2003 for specified purposes) by The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 (S.I. 2003/492), regs. 1, 43, Sch. 3 Pt. 1 (with regs. 1(2), 44)

Marginal Citations

M1 1975 c.14; section 37ZA was inserted by the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21), section 1(2).

M2 Section 35(2C) was inserted by the Social Security Act 1990 (c.27), section 1(1).

M3 1977 c.49.

M4 1978 c.29.

M5 Regulation 16(2) was amended by S.I. 1988/688.