The Social Security (Introduction of Disability Living Allowance) (Amendment) (No. 3) Regulations 1993

S.I. 1993/2704 · Made 29 October 1993

This instrument is made in part to correct errors contained in S.I. 1993/1739 and is being issued free of charge to all known recipients of that instrument.

SOCIAL SECURITY

Made 29th October 1993

Laid before Parliament 4th November 1993

Coming into force 25th November 1993

The Secretary of State for Social Security, in exercise of powers conferred by sections 5(1)(i), 189(1) and (6) and 191 of the Social Security Administration Act 1992^f1 and paragraphs 22 and 23 of Schedule 3 to the Social Security (Consequential Provisions) Act 1992^f2 and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that the proposals to make these Regulations need not be referred to it^f3, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1: 1992 c. 5.Section 191 is cited for the meaning assigned to the word “prescribe”.
f2: 1992 c. 6.
f3: See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992.

1Citation, commencement and interpretation
2Amendment of the principal Regulations
Signature
Explanatory note

1Citation, commencement and interpretation

These Regulations may be cited as the Social Security (Introduction of Disability Living Allowance) (Amendment) (No.3) Regulations 1993 and shall come into force on 25th November 1993, and in these Regulations “the principal Regulations” means the Social Security (Introduction of Disability Living Allowance) Regulations 1991^f1.

2Amendment of the principal Regulations

(1)

The principal Regulations shall be amended in accordance with the following provisions of this regulation and in this regulation a reference to a numbered regulation is a reference to the regulation in the principal Regulations which bears that number.

(2)

In paragraph (2) of regulation 1 (interpretation) the definition of “the Claims and Payments Regulations”^f1 shall be omitted.

(3)

In paragraph (3) of regulation 13 (treatment of two awards of disability living allowance)^f2 for the words “paragraph (1)”there shall be substituted the words “paragraph (1), (2A) or (2D)”.

(4)

In regulation 26 (payments of disability living allowance) ^f3—

(a)

in paragraph (12)(a)(ii), after the words “are terminated” there shall be inserted the words “or cancelled”;

(b)

in paragraph (13A)^f4 for the words from “the person”where they first occur to “Regulations,” there shall be substituted the words “the person to whom the allowance is payable (whether for himself or another)”.

(5)

In regulation 27^f5 (persons unable to act) at the end there shall be added the following paragraph—

“(3A)

In this regulation “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 ^f6.”.

Signature

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott

Minister of State,

Department of Social Security

29th October 1993

Explanatory note

(This note is not part of the Regulation)

These Regulations further amend the Social Security (Introduction of Disability Living Allowance) Regulations 1991 by—

(a)

amending regulation 13(3) by extending the definition of the expression “appropriate weekly rate” to those cases to which either paragraph (2A) or paragraph (2D) of that regulation applies in addition to paragraph (1);

(b)

inserting in regulation 26(12) a reference to cancelled awards under Parts II and III of the Regulations in addition to the present reference to awards terminated under those provisions;

(c)

amending regulation 26(13A) to specify by whom any notice that the allowance is to be paid in some other manner than that determined under regulation 26(13)(a) is to be given; and

(d)

making consequential amendments to regulations 1 and 27.

These Regulations do not impose a charge on business.