Regulation 1 Citation, commencement and interpretation

–

(1)

These Regulations may be cited as the Social Security (Attendance Allowance) Regulations 1991 and shall come into force on 6th April 1992.

(2)

In these Regulations–

“the Act” means the Social Security Act 1975;

F1the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987;

F2...

“the NHS Act of 1978” means the National Health Service (Scotland) Act 1978 F3;

F4 “ the NHS Act of 2006” means the National Health Service Act 2006;

“the NHS (Wales) Act of 2006” means the National Health Service (Wales) Act 2006

F5“the residence change date”, in relation to a person, means the date on which the person becomes permanently resident in Scotland (whether or not the Secretary of State is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);

...

“terminally ill” shall be construed in accordance with section 35(2C) of the Act F6.

F7(2A)

In these Regulations, “the run-on period”, in relation to a person, is the period—

(a)

beginning with the residence change date, and

(b)

ending at the end of the day preceding the first pay day following the end of the relevant period (irrespective of whether or not the person’s attendance allowance is payable in that particular week).

(2B)

For the purposes of paragraph (2A)—

(a)

“pay day” means the day of the week on which the person’s attendance allowance is payable in accordance with paragraph 1 of Schedule 6 to the Claims and Payments Regulations;

(b)

“the relevant period” means the period of 13 weeks beginning with the residence change date.

(3)

Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.

Annotations

Textual amendments

F1: Words in reg. 1(2) inserted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 3(2)(a)(i) (with reg. 6)
F2: Words in reg. 1(2) omitted (8.4.2013) by virtue of The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(2)(a)
F3: 1978 c.29.
F4: Words in reg. 1(2) inserted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(2)(b)
F5: Words in reg. 1(2) inserted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 3(2)(a)(ii) (with reg. 6)
F6: Section 35(2C) was inserted by section 1(1) of the Social Security Act 1990 (c.27).
F7: Reg. 1(2A)(2B) inserted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 3(2)(b) (with reg. 6)

Notes on the whole SI

Textual amendments

F1: 1975 c.14. Section 35(1) was amended by section 2(1) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) (“the 1991 Act”). Subsection (2) was amended by section 2(2) of the Social Security Act 1979 (c.18) (“the 1979 Act”) and section 10 of and Schedule 4 to the 1979 Act. Subsection (2A) was inserted by section 2(3) and (6) of the 1979 Act. Subsection (4A) was inserted by paragraph 8 of Schedule 1 to the Social Security Act 1980 (c.30). Schedule 20 is cited for the meaning it ascribes to the words “prescribed” and “regulations”.
F2: See the Social Security Act 1980 (c.30), section 10 and paragraph 12(3) of Schedule 3.