Explanatory note

These Regulations amend the Social Security (Attendance Allowance) (No. 2) Regulations 1975 (“the Attendance Allowance Regulations”)and the Social Security (Claims and Payments) Regulations 1987.

Regulation 2 exempts a child who is terminally ill from the need to satisfy any of the additional requirements for attendance allowance imposed by regulation 6 of the Attendance Allowance Regulations. Regulation 3 enables the Secretary of State to appoint a person with whom the child is living to act on behalf of the child in connection with his claim for an attendance allowance and for that appointee to receive any sums payable by way of attendance allowance. Provision is made for the termination of any appointment.

The Regulations contained in this instrument are consequential upon section 1 of the Social Security Act 1990 (c. 27),and are made before the end of the period of 6 months beginning with the coming into force of that enactment. They are accordingly exempted by section 61(5) of the Social Security Act 1986 (c. 50) as amended by the Social Security Act 1989 (c. 24), Schedule 8, paragraph 12(3), from reference to the Social Security Advisory Committee and have not been so referred.