Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Social Security Act 1975 (“the Act”) and the Social Security (Severe Disablement Allowance) Regulations 1984 (“the principal Regulations”).
Regulation 2 provides that for the purposes of section 36(4) of the Act a person shall be treated as both present and resident in Great Britain if he is living abroad either because he is a serving member of the forces, or is living abroad as a member of the family of such a person. Certain other categories of persons are also treated as present in Great Britain although living abroad.
Regulation 3 provides that a person shall be treated for the purposes of section 36A of the Act (which applies an age related addition to a severe disablement allowance) as having qualified for severe disablement allowance–
where he is a person formerly entitled to a non-contributory invalidity pension, on the first day of a period of incapacity for work of not less than 196 consecutive days which immediately preceded the day he was first entitled to such a pension;
where he is a person who was incapable of work but not both incapable of work and disabled immediately before the first day of a period of incapacity for work of not less than 196 consecutive days of incapacity for work, on the first day of incapacity for work in that period;
where he is a person to whom regulation 6 of the principal Regulations applies, on the first day of a period of incapacity for work of not less than 196 consecutive days of incapacity which immediately preceded the first day on which he was previously entitled to a severe disablement allowance.