Regulation 4 Person who may apply for grant

(1)

For regulation 3(1)(b)^f1 (persons who may apply for grant) substitute—

“(b)

who at the time of making the application has, or lives with a spouse who has, attained the age of 60; or

(c)

who at the time of making the application is, or lives with a spouse who is, in receipt of an attendance allowance, a disability living allowance (as provided for in Part III of the 1992 Act), a disability working allowance, council tax benefit, family credit, housing benefit or income support (each as provided for in Part VII of the 1992 Act); or

(d)

who at the time of making the application is, or lives with a spouse who is, in receipt of a war disablement pension and

(i)

a mobility supplement or a payment intended to compensate for the non-payment of such a supplement; or

(ii)

a payment made under regulations made under paragraph 7(2)(b) of Schedule 8 to the 1992 Act (constant attendance allowance).”.

(2)

In regulation 3(1)(c)^f2 after “1992 Act)” insert “or an income-based jobseeker’s allowance (within the meaning of the Jobseekers Act 1995)^f3”.

(3)

In regulation 3(2)^f4—

(a)

before the definition of householder insert—

““an attendance allowance” means—

(a)

an attendance allowance under Part III of the 1992 Act;

(b)

an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Part I of Schedule 8 to the 1992 Act^f5;

(c)

a payment made under article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme^f6 or any analogous payment;

(d)

any payment based on need for attendance which is paid with a war disablement pension; or

(e)

any payment intended to compensate for the non-payment of any payment, allowance or pension mentioned in sub-paragraphs (a) to (d) of this definition;”;

(b)

at the end of the definition of householder omit “and”;

(c)

after the definition of householder insert—

““mobility supplement” means a mobility supplement under—

(a)

article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983^f7 (including such a supplement payable by virtue of the application of that article by any other scheme or order); or

(b)

under article 25A of the Personal Injuries (Civilians) Scheme 1983 (including that article as applied by article 48A of that Scheme)^f8; and”; and

(d)

after the definition of spouse insert—

““war disablement pension” means—

(a)

a war disablement pension within the meaning of section 139(11) of the Social Security Administration Act 1992^f9; and

(b)

a war disablement pension under article 10 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983^f10 (so far as that Order is made otherwise than under the Air Force (Constitution) Act 1917^f11); and”.

Annotations

Footnotes

f1: Regulation 3(1)(b) was substituted by S.I. 1994/637.
f2: Inserted by regulation 4(1) of these Regulations.
f3: 1995 c. 18.
f4: Regulation 3(2) was substituted by S.I. 1995/49.
f5: See section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16) which was repealed, with savings, by the Social Security (Consequential Provisions) Act 1992 (c. 6).
f6: S.I. 1983/686; relevant amending instruments are S.I. 1983/1164 and 1984/1675.
f7: S.I. 1983/883; article 26A was inserted by S.I. 1983/1116 and amended by S.I. 1986/592, 1990/1308, 1991/766, 1992/710 and 1995/766.
f8: Article 25A was inserted by S.I. 1983/1164 and amended by S.I. 1983/1540, 1986/628, 1990/1300, 1991/708 and 1992/702; article 48A was inserted by S.I. 1984/1289.
f9: 1992 c. 5.
f10: Article 10 was amended by S.I. 1993/598.
f11: 7&8 Geo. 5 c.51.