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

b

subsections (12) and (13)

and “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 19926

Women aged 65 before 28th October 19944A

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)7; or

ii

the corresponding condition in respect of non-contributory invalidity pension8; 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.

Men aged 65 before 28th October 19945A

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 allowance9.

Women aged 65 before 28th October 199410A

A woman shall be entitled to an invalid care 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 an invalid care allowance, whether or not she made a claim, but for the condition, which applied prior to 28th October 1994, in section 70(5) of the Contributions and Benefits Act12(exclusion of persons who had attained pensionable age and had not been entitled to that allowance immediately before attaining that age); and

c

she satisfies the requirements for entitlement to an invalid care allowance apart from the conditions in section 70(1)(a) and (b) and (5) of the Contributions and Benefits Act.

Men aged 65 before 28th October 199411A

A man who—

a

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

b

was entitled to an invalid care allowance immediately before he attained that age,

shall be entitled to that allowance notwithstanding that, after he attained that age, he was not caring for a severely disabled person or no longer satisfied the requirements of section 70(1)(a) or (b) of the Contributions and Benefits Act, if he satisfies the other requirements for entitlement to that allowance13.