The Social Security (Severe Disablement Allowance and Invalid Care Allowance) Amendment Regulations 1994

Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984

4.—(1) The Social Security (Severe Disablement Allowance) Regulations 1984(1)shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation) after “1975,” the word “and” shall be omitted and at the end there shall be added—

“and “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(2)”.

(3) In the heading to regulation 4 and in that regulation for “pensionable age” there shall be substituted “the age of 65”.

(4) After regulation 4 there shall be inserted—

“Women aged 65 before 28th October 1994

4A.—(1) A woman shall be entitled to a severe disablement allowance if—

(a)she attained the age of 65 before 28th October 1994;

(b)immediately before attaining the age of 65 she would have satisfied the requirements for entitlement to a severe disablement allowance or, if she attained that age before 29th November 1984, to a non-contributory invalidity pension (whether or not she made a claim) but for—

(i)the condition, which applied prior to 28th October 1994, in section 68(4)(d) of the Contributions and Benefits Act (exclusion of persons who had attained pensionable age and had not been entitled to a severe disablement allowance immediately before attaining that age)(3); or

(ii)the corresponding condition in respect of non-contributory invalidity pension(4); and

(c)she satisfies the requirements for entitlement to a severe disablement allowance apart from the conditions in section 68(2), (3) and (4)(d) of the Contributions and Benefits Act.

(2) For the purposes of paragraph (1)(b) there shall be excluded from the requirements for entitlement to a non-contributory invalidity pension the condition that the claimant, if she were married or cohabiting with a man, be incapable of performing normal household duties.”.

(5) In the heading to regulation 5 and in paragraph (a) of that regulation for “retiring age” there shall be substituted “the age of 65”.

(6) After regulation 5 there shall be inserted—

“Men aged 65 before 28th October 1994

5A.  A man who—

(a)attained the age of 65 before 28th October 1994; and

(b)was entitled to a severe disablement allowance or a non-contributory invalidity pension immediately before he attained that age,

shall be entitled to a severe disablement allowance notwithstanding that he ceased to satisfy the conditions specified in section 68(2) or (3) of the Contributions and Benefits Act after he attained that age, if he satisfies the other requirements for entitlement to that allowance(5).”.

(7) In regulation 7(1) for “retiring age” there shall be substituted “the age of 65”.

(8) In regulation 20(3) for “retiring age” there shall be substituted “the age of 65”.