# The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991, Regulation 15: Amendment of the Payments on Account, Overpayments and Recovery Regulations


(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 ;
“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 ; 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 or under section 46 of the National Health Service (Scotland) Act 1978 ,
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) 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 ”.

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Source: https://www.legislation.gov.uk/uksi/1991/2742/regulation/15 (the official version)
Page: https://openlegislation.uk/disability-living-allowance-and-disability-working-allowance-consequential-provisions-regulations-1991/regulation-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.