Explanatory note

These Regulations amend the Social Security (Attendance Allowance) Regulations 1991 and the Social Security (Disability Living Allowance) Regulations 1991.

Sections 64(4) and 72(7) of the Social Security Contributions and Benefits Act 1992 make provision for circumstances to be prescribed, for attendance allowance and disability living allowance (care component) respectively, in which a person may be taken to satisfy or not to satisfy the conditions for entitlement to the benefit. These Regulations prescribe such a circumstance, that is a person will be taken to satisfy the condition of attention for entitlement to attendance allowance or disability living allowance (care component) only where such attention is required to be given in the presence of the severely disabled person.

These Regulations do not impose a charge on business.