Regulation 3 Substitution of regulation 10A of the principal regulations

For regulation 10A of the principal regulations (circumstances in which a person is to be treated as having qualified for severe disablement allowance) there shall be substituted the following regulation—

“10A

—

(1)

A person shall be treated, for the purposes of section 36A of the Act^f1 (which applies to an age related addition in a severe disablement allowance), as having qualified for severe disablement allowance—

(a)

where he is a person to whom regulation 19 (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 on which he was first entitled to a non-contributory invalidity pension;

(b)

where he is a person who qualified for severe disablement allowance by virtue of section 36(3)(b) 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; or

(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 sub-paragraphs in paragraph (1), 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.”.