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

Amendment of the Community Charge Benefits Regulations

16.—(1) The Community Charge Benefits Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 2(1) (interpretation) after the definition of “designated office” there shall be inserted the following definitions–

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

“disability working allowance” means a disability working allowance under section 20 of the Act M2 ;”.

(3) In regulation 91 (recovery of excess benefits from prescribed benefits)–

(a) in paragraph (1)(a) for the words “except those specified in paragraph (2)” there shall be substituted the words “ except guardian’s allowance ”;

(b) in paragraph (1)(b) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”;

(c) paragraph (2) M3 shall be omitted.

(4) In Schedule 1 (applicable amounts)–

(a) in paragraph 7(2) M4 at the end after the words “attendance allowance” there shall be added the words “ , or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act ”;

(b) in paragraph 13(1)(a)(i) for the words “mobility allowance” there shall be substituted the words “ disability living allowance, disability working allowance ”;

(c) in paragraph 13(1)(a), for (ii) there shall be substituted the following–

“(ii) was in receipt of invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased on account of the payment of a retirement pension under the Social Security Act and the claimant has since remained continuously entitled to community charge benefit and, if the invalidity pension was payable to his partner, the partner is still a member of the family, or”;

(d) in paragraph 13(1)(a)(iii), for the words from “which is no longer in payment” to “Regulations 1975” there shall be substituted the words “ or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 82(6)(b) of the Social Security Act 1975 M5 , ”.

(e) in paragraph 14(2)(a)(i), (b)(i) and (3)(a) after the words “attendance allowance” in each place there shall be inserted the words “ , or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act ”;

(f) in paragraph 15(b) for the words “attendance allowance or mobility allowance or both” there shall be substituted the words “ disability living allowance ”;

(g) in paragraph 15A(2)(b) M6 after the words “attendance allowance” there shall be inserted the words “ , or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act ”.

(5) In Schedule 3 (sums to be disregarded in the calculation of income other than earnings) in paragraph 5 at the end there shall be inserted the words “ or any disability living allowance ”.

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 1986 c.50; section 20 was amended by the Local Government Finance Act 1988 (c.41) Schedule 10, paragraph 2(2) and the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21), section 6.

M3 Paragraph 2 of regulation 91 was amended by S.I. 1990/834.

M4 Paragraph 7(2) of Schedule 1 was added by S.I. 1990/1773.

M5 1975 c.14.

M6 Paragraph 15A of Schedule 1 was inserted by S.I. 1990/1773 and amended by S.I. 1991/1599.