Explanatory note

These regulations amend the Social Security (Attendance Allowance) (No. 2) Regulations 1975 (the “principal Regulations”) and, as respects attendance allowance only, the Social Security (Claims and Payments) Regulations 1979.

Regulation 2 adds a reference to the Defence Council and updates references to health legislation in regulation 3 of the principal Regulations, the effect of which is to render an allowance not payable when a person is in hospital. Regulation 5A of the principal Regulations makes special provision for satisfying the six months qualifying period in cases of relapse; regulation 3 of these regulations adds a new paragraph enabling that regulation to apply to applications for review of awards of an allowance at the lower rate, as well as to claims. Regulation 4 enables an award to cover a period of not more than six months since the expiry of a certificate relating to earlier attendance requirements though that period precedes the date of claim. Regulation 5 relates to non-disclosure to the claimant by the Attendance Allowance Board of medical information considered harmful to his health.

Regulation 6 amends the Social Security (Claims and Payments) Regulations 1979. Paragraph (1) establishes that those Regulations apply to a claim expressed as an application for review of an earlier determination but where no grounds for such review are disclosed. Paragraph (2) provides for payment of an allowance at a daily instead of a weekly rate during an interval between periods when, by reason of provisions of the principal Regulations concerning persons in hospital or other defined accommodation, no allowance is payable.