Regulation 3 Amendment relating to age related additions

For regulation 10A of the principal Regulations^f1 there shall be substituted the following regulation–

“10A

(1)

A person shall be treated for the purposes of section 36A of the Act^f2 (which applies an age related addition to a severe disablement allowance) as having qualified for severe disablement allowance–

(a)

where he is a person to whom regulation 20 (persons formerly entitled to non-contributory invalidity pension) applies, on the first day of incapacity for work in a period of not less than 196 consecutive days of incapacity for work which immediately preceded the day he was first entitled to a noncontributory invalidity pension;

(b)

where he is a person who qualified for severe disablement allowance by virtue of subsection (3)(b) of section 36 of the Act and was incapable of work on each day in a period which immediately preceded the period of not less than 196 consecutive days mentioned in that subsection, on the first day of incapacity for work in the period first mentioned;

(c)

where he is a person to whom regulation 6 (modification of section 36(2) and (3) of the Act etc) applies, on the first day of incapacity for work in a period 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.

(2)

Where in any particular case a person satisfies the requirements of two or more subparagraphs in paragraph (1), then he shall be treated as having qualified for severe disablement allowance in accordance with that sub-paragraph which produces the earlier or earliest day in his case.”