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The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991

S.I. 1991/2742 · Made 5 December 1991

Up to date with all changes known to legislation.gov.uk, revised to 6 March 2006.

SOCIAL SECURITY

CHILDREN AND YOUNG PERSONS

Made 5th December 1991

Laid before Parliament 5th December 1991

Coming into force 6th April 1992

X1The Secretary of State for Social Security, in exercise of powers conferred by section 11(1) of the Disability Living Allowance and Disability Working Allowance Act 1991M1, and section 166(1), (2) and (3A) of the Social Security Act 1975M2 and of all other powers enabling him in that behalf by this instrument which contains only provisions consequential on the Disability Living Allowance and Disability Working Allowance Act 1991 and is made before the end of the period of 6 months from the coming into force of that enactment and in so far as it relates to regulations 12 and 16 after consultation with such organisations appearing to him to be representative of the authorities concernedM3, hereby makes the following Regulations:

Annotations to the whole text

Marginal citations

M1

1991 c.21.

M2

1975 c.14; section 166 (3A) was inserted by the Social Security Act 1986 (c.50) and section 166(1), (2) and (3A) is applied by section 11(2) of the Disability Living Allowance and Disability Working Allowance Act 1991.

M3

See section 61(5) and (7) of the Social Security Act 1986; section 61(5) was substituted for section 61(5) and (6) by the Social Security Act 1989 (c.24), Schedule 8, paragraph 12(3) and section 61(7) was amended by the Local Government Finance Act 1988 (c.41), Schedule 10, paragraph 10.

Editorial notes

X1

This legislation was made on 5.12.1991 and was published on the SLDB on 6. 8.1996 for the first time. Some information has now been added to the item but we have not yet completed carrying its effects into other parts of the database.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Persons Abroad Regulations
  3. 3Amendment of the Invalid Care Allowance Regulations
  4. 4Amendment of the Home Responsibilities Regulations
  5. 5Amendment of the Overlapping Benefits Regulations
  6. 6Amendment of the Widow’s Benefit and Retirement Pensions Regulations
  7. 7Amendment of the Social Security Commissioners Order
  8. 8Amendment of the General Benefit Regulations
  9. 9Amendment of the Severe Disablement Allowance Regulations
  10. 10Amendment of the Social Fund Maternity and Funeral Expenses Regulations
  11. 11Amendment of the Income Support Regulations
  12. 12Amendment of the Housing Benefit Regulations Repealed
  13. 13Amendment of the Family Credit Regulations
  14. 14Amendment of the Social Fund Recovery by Deductions from Benefits Regulations
  15. 15Amendment of the Payments on Account, Overpayments and Recovery Regulations
  16. 16Amendment of the Community Charge Benefits Regulations
  17. 17Amendment of the Recoupment Regulations
  18. 18Amendment of the Adoption Allowance Regulations
  19. Signature
  20. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 and shall, subject to paragraph (2), come into force on 6th April 1992.

(2)

Regulation 11 shall come into force in relation to a particular claimant at the beginning of the first benefit week to commence for that claimant on or after the date specified in paragraph (1); and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the Income Support (General) Regulations 1987 M1.

C1(3)

In these Regulations–

“the Adoption Allowance Regulations” means the Adoption Allowance Regulations 1991 M2;

“the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989 M3;

“the Family Credit Regulations” means the Family Credit (General) Regulations 1987 M4;

“the General Benefits Regulations” means the Social Security (General Benefit) Regulations 1982 M5;

“the Home Responsibilities Regulations” means the Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Regulations 1978 M6;

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 M7;

“the Income Support Regulations” means the Income Support (General) Regulations 1987 M8

“the Invalid Care Allowance Regulations” means the Social Security (Invalid Care Allowance) Regulations 1976 M9;

“the Overlapping Benefits Regulations” means the Social Security (Overlapping Benefits) Regulations 1979 M10;

“the Payments on Account, Overpayments and Recovery Regulations” means the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 M11;

“the Persons Abroad Regulations” means the Social Security Benefit (Persons Abroad) Regulations 1975 M12;

“the Recoupment Regulations” means the Social Security (Recoupment) Regulations 1990 M13;

“the Severe Disablement Allowance Regulations” means the Social Security (Severe Disablement Allowance) Regulations 1984 M14;

“the Social Fund Maternity and Funeral Expenses Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 M15;

“the Social Fund Recovery by Deductions from Benefits Regulations” means the Social Fund (Recovery by Deductions from Benefits) Regulations 1988 M16;

“the Social Security Commissioners Order” means the Tribunal and Inquiries (Social Security Commissioners) Order 1980 M17;

“the Widow’s Benefit and Retirement Pensions Regulations” means the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 M18.

2Amendment of the Persons Abroad Regulations

(1)

The Persons Abroad Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2)

In regulation 10 (modification of the Act in relation to attendance allowance) after the words “attendance allowance” there shall be inserted the words “ or disability living allowance ”.

(3)

Regulation 10A (modification of the Act in relation to mobility allowance) M1 shall be omitted.

3Amendment of the Invalid Care Allowance Regulations

In sub-paragraph (2)(b) of regulation 9 of the Invalid Care Allowance Regulations (conditions relating to residence and presence in Great Britain) after the words “attendance allowance” there shall be inserted the words “ , or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Act ”.

4Amendment of the Home Responsibilities Regulations

In paragraph (3) of regulation 2 of the Home Responsibilities Regulations (preclusion from regular employment for the purposes of paragraph 5(6) and (7) of Schedule 3 to the Act) M1 for the words “other than in respect of a child under the age of 16” there shall be substituted the words “ the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Act ”.

5Amendment of the Overlapping Benefits Regulations

(1)

The Overlapping Benefits Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2)

In sub-paragraph (2)(g) of regulation 4 (adjustment of personal benefit under chapters I and II of Part II of the Act where other personal benefit under those chapters is payable) for the words “mobility allowance” there shall be substituted the words “ disability living allowance ”.

(3)

In paragraph (3) of regulation 6 (adjustments of personal benefit under chapters I and II of Part II of the Act by reference to industrial injuries benefits and benefits not under the Act, and adjustments of industrial injuries benefits)–

(a)

after the words “attendance allowance” there shall be inserted the words “ , or the care component of disability living allowance ”;

(b)

for the words “by reference to which it” there shall be substituted the words “ by reference to which that allowance (as the case may be) ”.

(4)

In paragraph 5 of Column (1) of Schedule 1 (personal benefits which are required to be adjusted by reference to benefits not under chapters I and II of Part II of the Act) after the words “Attendance allowance” there shall be added the words “ , or the care component of disability living allowance ”.

6Amendment of the Widow’s Benefit and Retirement Pensions Regulations

In paragraph (1)(b)(i) of regulation 4 of the Widow’s Benefit and Retirement Pensions Regulations (days to be treated as days of increment) for the words “mobility allowance” there shall be substituted the words “ disability living allowance ”.

7Amendment of the Social Security Commissioners OrderF1

In article 2 of the Social Security Commissioners Order—

(a)

in paragraph (e), after the words “Social Security Act 1975” there shall be inserted the words “or regulation 23(1) of the Social Security (Introduction of Disability Living Allowance) Regulations 1991”; and

(b)

after paragraph (e) there shall be inserted the following paragraph—

  • “(f) a Commissioner’s decision on an application for leave to appeal against a decision of a disability appeal tribunal under section 101(5A) of the Social Security Act 1975.”

8Amendment of the General Benefit Regulations

(1)

The General Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2)

In paragraph (2) of regulation 1 (citation, commencement and interpretation) M1 in the definition of “determining authority” after the words “section 97(1) of the Act”, there shall be inserted the words “ or a disability appeal tribunal constituted under Schedule 10A to the Act ”.

(3)

In paragraph (2) of regulation 2 (exceptions from disqualification for imprisonment etc.) M2 for the words “mobility allowance” there shall be substituted the words “ attendance allowance, disability living allowance ”.

9Amendment of the Severe Disablement Allowance Regulations

(1)

The Severe Disablement Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2)

In paragraph (1)(a) of regulation 10 (adjudication) for the words “the period” to “Attendance Allowance Board” there shall be substituted the words “ a period when the person is or was entitled to attendance allowance ”.

(3)

In regulation 10(1)(b) for (i) there shall be substituted the following–

“(i)

a mobility allowance under section 37A of the Act or the mobility component of disability living allowance at the higher rate prescribed in accordance with section 37ZC(10) of the Act or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Act; or”.

10Amendment of the Social Fund Maternity and Funeral Expenses Regulations

(1)

The Social Fund Maternity and Funeral Expenses Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2)

In paragraph (1)(a) of regulation 5 (entitlement) M1 for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”.

(3)

In regulation 6 (persons affected by a trade dispute) M2–

(a)

in paragraph (b) at the end after the words “trade dispute” there shall be added “ ; or ”;

(b)

after paragraph (b) there shall be added the following paragraph–

“(c)

in the case where the claimant or the claimant’s partner is in receipt of disability working allowance, the claim in respect of which disability working allowance was awarded was made before the beginning of the trade dispute.”.

(4)

In regulation 7(1)(a) (entitlement) M3 after the words “family credit,” there shall be inserted the words “ disability working allowance, ”.

11Amendment of the Income Support Regulations

(1)

The Income Support Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2)

In regulation 2(1) (interpretation) after the definition of “Crown tenant” there shall be inserted the following definitions–

““disability living allowance” means a disability living allowance under section 37ZA of the Social Security Act M1;

“disability working allowance” means a disability working allowance under section 20 of the Act M2;”

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In Schedule 2 (applicable amounts)–

(a)

in paragraph 7(2) M3 at the end after the words “attendance allowance” there shall be added the words “ , or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act. ”;

(b)

in paragraph 12(1)(a)(i) M4 for the words “mobility allowance” there shall be substituted the words “ disability living allowance, disability working allowance ”;

(c)

in paragraph 12(1)(c) M5, for (i) there shall be substituted the following–

“(i)

invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased on account of the payment of a retirement pension under the Social Security Act and the claimant has since remained continuously entitled to income support and, if the invalidity pension was payable to his partner, the partner is still alive; or”;

(d)

in paragraph 12(1)(c)(ii), for the words from “which is no longer in payment” to “Regulations 1975” there shall be substituted the words “ or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 82(6)(b) of the Social Security Act 1975 M6, ”.

(e)

in paragraph 13(2)(a)(i), (b)(i), (3)(a) and (3A)(a) M7 after the words “attendance allowance” in each place there shall be inserted the words “ , or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act ”;

(f)

in paragraph 14(b) for the words “attendance allowance or mobility allowance or both” there shall be substituted the words “ disability living allowance ”;

(g)

in paragraph 14ZA(2)(b) M8 after the words “attendance allowance” there shall be inserted the words “ , or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act ”.

(5)

In Schedule 4 (applicable amounts of persons in residential care and nursing homes) in paragraph 6, for head (b) of sub-paragraph (2) there shall be substituted the following head–

“(b)

he–

(i)

is in receipt of attendance allowance at the higher rate in accordance with section 35(3) of the Social Security Act, or the care component of disability living allowance at the highest rate prescribed in accordance with section 37ZB(3) of the Social Security Act, or

(ii)

has made a claim for attendance allowance or disability living allowance and, in respect of that claim, a decision has been made that he satisfies the conditions for receipt of either attendance allowance at the higher rate in accordance with section 35(3) of the Social Security Act M9, or the care component of disability living allowance at the highest rate prescribed in accordance with section 37ZB(3) of the Social Security Act, but he has not yet completed the qualifying period for that benefit; or”.

(6)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)–

(a)

in paragraph 6 after the words “mobility allowance” there shall be inserted the words “ or the mobility component of disability living allowance ”;

(b)

in paragraph 7(a) for the words “paragraph 6 or 9” there shall be substituted the words “ paragraph 6, 9 or 9A ”;

(c)

after paragraph 9 there shall be inserted the following paragraph–

“

9A

Any care component of disability living allowance where the claimant does not live in a residential care or nursing home or where he lives in a residential care or nursing home and he is a person to whom Part II of Schedule 4 applies (persons to whom regulation 19 does not apply).”

(7)

In Schedule 10 (capital to be disregarded) in paragraph 7(a) for the reference “8 or 9” there shall be substituted the reference “ 8, 9 or 9A ”.

12Amendment of the Housing Benefit RegulationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Amendment of the Family Credit Regulations

(1)

The Family Credit Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2)

In regulation 2(1) (interpretation) after the definition of “date of claim” there shall be inserted the following definitions–

““disability living allowance” means a disability living allowance under section 37ZA of the Social Security Act M1;

“disability working allowance” means a disability working allowance under section 20 of the Act M2”;

(3)

In paragraph (2) of regulation 3 (circumstances in which a person is treated as being or not being in Great Britain) after the words “family credit” there shall be added the words “ or disability working allowance ”.

(4)

In regulation 50 (prevention of duplication of awards of family credit and income support) for the words “either family credit or income support” there shall be substituted the words “ family credit, income support or disability working allowance ”.

(5)

In Schedule 2 (sums to be disregarded in the calculation of income other than earnings) in paragraph 4 after the words “mobility allowance” there shall be inserted the words “ , disability living allowance or disability working allowance. ”.

14Amendment of the Social Fund Recovery by Deductions from Benefits Regulations

In regulation 3 of the Social Fund Recovery by Deductions from Benefits Regulations (benefits from which an award may be recovered) after paragraph (cc) there shall be added the words “ (dd) disability working allowance under section 20 of the Social Security Act 1986 ”M1.

15Amendment of the Payments on Account, Overpayments and Recovery RegulationsC1

(1)

The Payments on Account, Overpayments and Recovery Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2)

In regulation 1(2) (interpretation)–

(a)

in the definition of “adjudicating authority” after the words “social security appeal tribunal” there shall be inserted the words “ a disability appeal tribunal ”;

(b)

after the definition of “the Claims and Payments Regulations” there shall be inserted the following definitions–

““disability living allowance” means a disability living allowance under section 37ZA of the Social Security Act 1975 M1;

“disability working allowance” means a disability working allowance under section 20 of the Act.”.

(3)

In regulation 2 (making of interim payments)–

(a)

in paragraph (2) at the beginning before the words “on or before the making” there shall be inserted the words “ subject to paragraph (3), ”;

(b)

after paragraph (2) there shall be inserted the following paragraph–

“(3)

Where the recipient of an interim payment of disability living allowance–

(a)

is terminally ill within the meaning of section 35(2C) of the Social Security Act 1975 M2; or

(b)

had an invalid carriage or other vehicle provided by the Secretary of State under section 5(2)(a) of the National Health Service Act 1977 and Schedule 2 to that Act M3 or under section 46 of the National Health Service (Scotland) Act 1978 M4,

the requirement to give notice in paragraph (2) of this regulation shall be omitted.”.

(4)

In paragraph (1) of regulation 8 (duplication and prescribed payments) after sub-paragraph (g) there shall be inserted the following sub-paragraph–

“(h)

any disability working allowance.”

(5)

In paragraphs (1) and (3) of regulation 14 (quarterly diminution of capital resources) for the words “or family credit” in each place they occur there shall be substituted the words “ , family credit or disability working allowance ”.

(6)

In paragraph (2) of regulation 15 (recovery by deduction from prescribed benefits) at the end there shall be added the following sub-paragraph–

“(e)

any disability working allowance.”

(7)

In regulation 16(2) (limitations on deductions from prescribed benefits) M5 the words “attendance allowance in respect of a child, arising under section 35(1) to (4) of the Social Security Act 1975 as modified by regulation 6 of the Social Security (Attendance Allowance) (No.2) Regulations 1975,” shall be omitted.

(8)

In regulation 17 (recovery from couples) for the words “or family credit” in each place they occur there shall be substituted the words “ , family credit or disability working allowance ”.

16Amendment of the Community Charge Benefits Regulations

(1)

The Community Charge Benefits Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2)

In regulation 2(1) (interpretation) after the definition of “designated office” there shall be inserted the following definitions–

““disability living allowance” means a disability living allowance under section 37ZA of the Social Security Act M1;

“disability working allowance” means a disability working allowance under section 20 of the Act M2;”.

(3)

In regulation 91 (recovery of excess benefits from prescribed benefits)–

(a)

in paragraph (1)(a) for the words “except those specified in paragraph (2)” there shall be substituted the words “ except guardian’s allowance ”;

(b)

in paragraph (1)(b) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”;

(c)

paragraph (2) M3 shall be omitted.

(4)

In Schedule 1 (applicable amounts)–

(a)

in paragraph 7(2) M4 at the end after the words “attendance allowance” there shall be added the words “ , or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act ”;

(b)

in paragraph 13(1)(a)(i) for the words “mobility allowance” there shall be substituted the words “ disability living allowance, disability working allowance ”;

(c)

in paragraph 13(1)(a), for (ii) there shall be substituted the following–

“(ii)

was in receipt of invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased on account of the payment of a retirement pension under the Social Security Act and the claimant has since remained continuously entitled to community charge benefit and, if the invalidity pension was payable to his partner, the partner is still a member of the family, or”;

(d)

in paragraph 13(1)(a)(iii), for the words from “which is no longer in payment” to “Regulations 1975” there shall be substituted the words “ or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 82(6)(b) of the Social Security Act 1975 M5, ”.

(e)

in paragraph 14(2)(a)(i), (b)(i) and (3)(a) after the words “attendance allowance” in each place there shall be inserted the words “ , or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act ”;

(f)

in paragraph 15(b) for the words “attendance allowance or mobility allowance or both” there shall be substituted the words “ disability living allowance ”;

(g)

in paragraph 15A(2)(b) M6 after the words “attendance allowance” there shall be inserted the words “ , or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 37ZB(3) of the Social Security Act ”.

(5)

In Schedule 3 (sums to be disregarded in the calculation of income other than earnings) in paragraph 5 at the end there shall be inserted the words “ or any disability living allowance ”.

17Amendment of the Recoupment Regulations

In regulation 2(1) of the Recoupment Regulations (relevant benefits) after subparagraph (m) there shall be inserted the following sub-paragraphs–

“(ma)

disability living allowance,

(mb)

disability working allowance.”.

18Amendment of the Adoption Allowance Regulations

(1)

The Adoption Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2)

In regulation 1(2) (interpretation) the definitions of “attendance allowance” and “mobility allowance” shall be omitted and after the definition of “child benefit” there shall be inserted the following definition–

““disability living allowance” means a disability living allowance under section 37ZA of the Social Security Act 1975;”.

(3)

In paragraph (3) of regulation 3 (amount of the allowance) for the words “mobility and attendance allowance” there shall be substituted the words “ disability living allowance ”.

Signature

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott

Minister of State,

Department of Social Security

Explanatory note

(This note is not part of the Regulations)

These Regulations make consequential amendments to the following Regulations and Orders as a result of the introduction of disability living allowance and disability working allowance by inserting references to disability living allowance and disability working allowance–

(a)

the Adoption Allowance Regulations 1991;

(b)

the Community Charge Benefits (General) Regulations 1989;

(c)

the Family Credit (General) Regulations 1987;

(d)

the Housing Benefit (General) Regulations 1987;

(e)

the Income Support (General) Regulations 1987;

(f)

the Social Fund Maternity and Funeral Expenses (General) Regulations 1987;

(g)

the Social Fund (Recovery by Deductions from Benefits) Regulations 1988;

(h)

the Social Security Benefit (Persons Abroad) Regulations 1975;

(i)

the Social Security (General Benefit) Regulations 1982;

(j)

the Social Security (Invalid Care Allowance) Regulations 1976;

(k)

the Social Security (Overlapping Benefits) Regulations 1979;

(l)

the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988;

(m)

the Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Regulations 1978;

(n)

the Social Security (Recoupment) Regulations 1990;

(o)

the Social Security (Severe Disablement Allowance) Regulations 1984;

(p)

the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979;

(q)

the Tribunal and Inquiries (Social Security Commissioners) Order 1980.

These Regulations only contain provisions consequential on the Disability Living Allowance and Disability Working Allowance Act 1991 and are made before the end of the period of 6 months from the coming into force of that enactment and they are, accordingly, in so far as it was required exempt by section 61(5)(a) of the Social Security Act 1986 from reference to the Social Security Advisory Committee and have not been so referred.