Explanatory note

The Regulations contained in this instrument are made under or are otherwise consequential upon paragraph 2 of Schedule 8 to the Social Security Act 1989 (“the 1989 Act”). The instrument is made before the end of the period of 6 months beginning with the coming into force of that paragraph; the regulations in it are therefore exempted by section 61(5) of the Social Security Act 1986 (c. 50) (as amended by the 1989 Act, Schedule 8, paragraph 12(3)) from the requirement under section 10(1) of the Social Security Act 1980 to refer proposals to the Social Security Advisory Committee and are made without reference to that Committee.

These Regulations amend the Social Security (Severe Disablement Allowance) Regulations 1984. They provide that where a person is a councillor, he shall be treated as incapable for work and therefore entitled to severe disablement allowance, although on the relevant day he works as a councillor (regulation 2(3)). They also provide that where a councillor is entitled to a councillor's allowance in respect of any week, the amount by which it exceeds the sum specified for the time being in regulation 3(3) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 shall be deducted from any severe disablement allowance to which he is entitled in respect of that week, and the balance, if any, shall be payable (regulation 2(4)).

They further provide for the calculation of a councillor's allowance where the councillor is paid his allowances otherwise than weekly (regulation 3).