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Regulation 1 Citation, commencement and interpretation

(1)

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

(2)

In these Regulations–

  • F1“the Act” means the Social Security Contributions and Benefits Act 1992

  • F2“the Administration Act” means the Social Security Administration Act 1992;

  • F3“the 1998 Act” means the Social Security Act 1998

  • “the NHS Act of 1978” means the National Health Service (Scotland) Act 1978 F4 ;

  • F5 “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

  • F6“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987;

  • F7“adjudicating authority” means, as the case may require, the Secretary of State, F8the First-tier Tribunal or the Upper Tribunal;

  • “care component” means the care component of a disability living allowance;

  • F9“child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021;

  • “mobility component” means the mobility component of a disability living allowance;

  • F10“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);

  • “the run-on period” has the meaning given in paragraph (6);

  • F11“Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

  • “terminally ill” shall be construed in accordance with F12 section 66(2) of the Act .

(3)

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

F13(4)

With effect from 6th December 2018, any reference in these Regulations to—

(a)

“age 65 or over”, “the age of 65 years”, “the age of 65”, “65” and “age 65 and over” shall be construed as a reference to “pensionable age”;

(b)

“aged 65 or over” and “aged 65 and over” shall be construed as a reference to “of pensionable age”; and

(c)

“his 65 th birthday” shall be construed as a reference to “the day on which he attained pensionable age”.

(5)

For the purpose of paragraph (4), “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995.

F14(6)

“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 F15first pay day following the end of the relevant period (irrespective of whether or not the person’s disability living allowance is payable in that particular week).

(7)

For the purposes of paragraph (6)—

(a)

“pay day” means the day F16of the week on which the person’s disability living 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.

Annotations

Textual amendments

F1

Words in reg. 1(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(2)(a)

F2

Words in reg. 1(2) inserted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(2)(b)

F3

Words in reg. 1(2) inserted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 1, Sch. 7 para. 1(a)

F4

1978 c.29.

F5

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), 4(2)(a)(ii)

F6

Words in reg. 1 inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(2)(a)

F7

Words in reg. 1(2) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 1, Sch. 7 para. 1(a)

F8

Words in reg. 1(2) substituted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008 (S.I. 2008/2683), art. 1, Sch. 1 para. 50

F9

Words in reg. 1(2) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 4(2)

F10

Words in reg. 1 inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(2)(b)

F11

Words in reg. 1(2) inserted (E.W.) (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 3(2)

F12

Words in reg. 1(2) substituted (26.8.1993) by The Social Security (Disability Living Allowance) (Amendment) Regulations 1993 (S.I. 1993/1939) , regs. 1(1) , 2(2)(c)

F13

Reg. 1(4) - Reg. 1(5) 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), 4(2)(b)

F14

Reg. 1(6)(7) inserted (7.7.2023) by The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023 (S.I. 2023/664), regs. 1(1), 2(2)(c)

F15

Words in reg. 1(6)(b) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(2)(a) (with reg. 6)

F16

Words in reg. 1(7)(a) substituted (23.2.2026) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 4(2)(b) (with reg. 6)

Notes on the whole SI

Textual amendments

F1

1991 c.21 .

F2

1975 c.14 . Sections 37ZA–37ZE were inserted in the Social Security Act 1975, by the Disability Living Allowance and Disability Working Allowance Act 1991; section 166 was amended by the Social Security Act 1989 (c.24) Schedule 8, paragraph 10(1); subsection (3A) was inserted in section 166 by the Social Security Act 1986 (c.50) , section 62(1) ; Schedule 20 is cited because of the meaning it ascribes to the words “Prescribed” and “Regulations”, and for the enabling power contained within the meaning of the word “Child”, which was inserted by the Child Benefit Act 1975 (c.61) , Schedule 4 , paragraph 38 .

F3

1977 c.5 ; section 13 was amended by the Social Security Act 1979 (c.18) Schedule 3, paragraph 29(c) and the Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) , section 4 , Schedule 2 , paragraph 8 .