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These Regulations amend the Social Security Act 1975 (“the Act”) and the Social Security (Severe Disablement Allowance) Regulations 1984 (“the principal Regulations”).
Regulation 2 provides that for the purposes of section 36(4) of the Act a person shall be treated as both present and resident in Great Britain if he is living abroad either because he is a serving member of the forces, or is living abroad as a member of the family of such a person. Certain other categories of persons are also treated as present in Great Britain although living abroad.
Regulation 3 provides that 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–
(a)where he is a person formerly entitled to a non-contributory invalidity pension, on the first day of a period of incapacity for work of not less than 196 consecutive days which immediately preceded the day he was first entitled to such a pension;
(b)where he is a person who was incapable of work but not both incapable of work and disabled immediately before the first day of a period of incapacity for work of not less than 196 consecutive days of incapacity for work, on the first day of incapacity for work in that period;
(c)where he is a person to whom regulation 6 of the principal Regulations applies, on the first day of a period of incapacity for work 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.
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