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Regulation 27 Persons unable to act

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

F1Except as provided in paragraph (3) a person who before regulation 3(2) came into force was entitled to attendance allowance in respect of a child shall, after 5th April 1992 be regarded for the purposes of regulation 43 of the Claims and Payments Regulations as the person appointed on behalf of that child.

(2)

An appointment having effect in accordance with paragraph (1) may be terminated when the child attains the age of 16 or ceases to be entitled to disability living allowance, or in accordance with regulation 43 of the Claims and Payments Regulations.

(3)

Where on 5th April 1992 a person holds an appointment in respect of a child under regulation 43 of the Claims and Payments Regulations (mobility allowance) and that person is different from the person mentioned in paragraph (1) as being entitled to an attendance allowance in respect of that same child, then that appointment shall terminate on 6th April 1992 and the Secretary of State shall make a new appointment under regulation 43 of the Claims and Payments Regulations to take effect on that day.

F2(3A)

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

F3(4)

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F4(5)

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Annotations

Textual amendments

F1

Words in reg. 27 substituted (16.3.92) by S.I. 1992/728, reg. 1, 5(a)

F2

Reg. 27(3A) added (25.11.1993) by The Social Security (Introduction of Disability Living Allowance) (Amendment) (No. 3) Regulations 1993 (S.I. 1993/2704), regs. 1, 2(5)

F3

Reg. 27(4) omitted (16.3.92) by S.I. 1992/728, reg. 1, 5(b)

F4

Reg. 27(5) omitted (6.8.1993) by virtue of The Social Security (Introduction of Disability Living Allowance) (Amendment) (No.2) Regulations 1993 (S.I. 1993/1739), regs. 1(1), 2(5)