The Social Security (Disability Living Allowance) (Amendment) Regulations 2000

Statutory Instruments

2000 No. 3181

SOCIAL SECURITY

The Social Security (Disability Living Allowance) (Amendment) Regulations 2000

Made

1st December 2000

Laid before Parliament

8th December 2000

Coming into force

31st December 2000

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 72(8) and 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, and after agreement by the Social Security Advisory Committee that the 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 (Disability Living Allowance) (Amendment) Regulations 2000 and shall come into force on 31st December 2000.

Amendment of regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991

2.  Regulation 9 (persons in certain accommodation other than hospitals) of the Social Security (Disability Living Allowance) Regulations 1991(3) shall be amended as follows—

(a) in sub-paragraph (2)(b)(i)—

(i) after “Children Act 1989” there shall be inserted “or section 93(4)(a)(ii) of the Children (Scotland) Act 1995(4)”; and

(ii) there shall be omitted the words from “to whom” to the end;

(b) in sub-paragraph (2)(b)(ii) for the words “section 12 of the Social Work (Scotland) Act 1968” there shall be substituted the words “section 93(4)(a)(iii) of the Children (Scotland) Act 1995 (disability)”.

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

Hugh Bayley

Parliamentary Under-Secretary of State,

Department of Social Security

1st December 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 9 of the Social Security (Disability Living Allowance) Regulations 1991.

Section 12 of the Social Work (Scotland) Act 1968 was amended by the Children (Scotland) Act 1995 and no longer applies to those aged under 18 years. Regulation 2 replaces the references by references to the appropriate sub-paragraphs of section 93(4)(a) of the 1995 Act (which do relate to those under 18 years of age).

These Regulations do not impose any costs on business.

(1)

1992 c. 4.

(2)

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

(3)

S.I. 1991/2890, amended by S.I. 1992/633, S.I. 1992/2869, S.I. 1992/3147, S.I. 1993/518, S.I. 1994/1779 and S.I. 1995/2162.

(4)

1995 c. 36.