Regulation 10A Circumstances in which a person is to be treated as having qualified for severe disablement allowanceF1F2
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 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 non-contributory invalidity pension;
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;
where he is a person to whom regulation 6 (modification of section 36(2) and (3) of the Actetc) 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.
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.
Annotations
Textual amendments
- F1
Reg. 10A - 10B inserted (3.12.1990) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1990 (S.I. 1990/2209), regs. 1, 2
- F2
Reg. 10A substituted (14.10.1991) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1991 (S.I. 1991/1747), regs. 1(1), 3