Statutory Instrument 1996 No. 2744

The Social Security (Invalid Care Allowance) Amendment Regulations 1996

---

© Crown Copyright 1996

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Security (Invalid Care Allowance) Amendment Regulations 1996, ISBN 0110632109. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1996 No. 2744

SOCIAL SECURITY

The Social Security (Invalid Care Allowance) Amendment Regulations 1996

The Secretary of State for Social Security, in exercise of the powers conferred by sections 70 and 175 (1) and (3) of the Social Security Contributions and Benefits Act 1992^[1] and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that the proposals to make these Regulations should not be referred to it^[2], hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Social Security (Invalid Care Allowance) Amendment Regulations 1996 and shall come into force on 25th November 1996.

Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
    2.—(1)  The Social Security (Invalid Care Allowance) Regulations 1976^[3] shall be amended in accordance with the following provisions of this regulation.

    (2)  In regulation 2 (interpretation) for paragraph (1) there shall be substituted the following paragraph—
"  (1)  In these Regulations, "the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992^[4]."



    (3)  In regulation 3(1) (prescribed payments etc)
 (a) for the words "section 37 of the Act" there shall be substituted the words "section 70 of the Contributions and Benefits Act";
 (b) for the words "section 61 of the Act" there shall be substituted the words "section 104 of the Contributions and Benefits Act"; and
 (c) for the words "paragraph 7(a) of Part V of Schedule 4 to the Act" there shall be substituted the words "paragraph 2(a) of Part V of Schedule 4 to the Contributions and Benefits Act".

    (4)  In regulation 5(1) (circumstances in which persons are to be regarded as receiving full-time education) for the words "section 37(3) of the Act" there shall be substituted the words "section 70(3) of the Contributions and Benefits Act".

    (5)  In the heading to regulation 6 (severely disabled persons etc) and in that regulation for the words "section 37(1)(c) of the Act" there shall be substituted the words "section 70(1)(c) of the Contributions and Benefits Act".

    (6)  In the heading to regulation 7 (manner of electing the person entitled to an invalid care allowance etc) and in that regulation for the words "section 37(7) of the Act" there shall be substituted the words "section 70(7) of the Contributions and Benefits Act".

    (7)  In regulation 8 (circumstances in which a person is or is not to be treated as gainfully employed)—
 (a) in paragraph (1) for the words "section 37(1)(b) of the Act" there shall be substituted the words "section 70(1)(b) of the Contributions and Benefits Act";
 (b) at the end of paragraph (2)(a) the word "and" shall be omitted; and
 (c) paragraph (2)(c) shall be omitted.

    (8)  In regulation 9 (conditions relating to residence and presence in Great Britain)—
 (a) in paragraph (1) for the words "section 37(4) of the Act" there shall be substituted the words "section 70(4) of the Contributions and Benefits Act"; and
 (b) in paragraph (2)(b) for the words "section 37ZB(3) of the Act" there shall be substituted the words "section 72(3) of the Contributions and Benefits Act".

    (9)  In regulation 10 (circumstances in which a person over the age of 65 is to be treated as having been entitled to invalid care allowance etc) for the words "section 37(5) of the Act" there shall be substituted the words "section 70(5) of the Contributions and Benefits Act".

    (10)  In regulation 11 (invalid care allowance for persons over the age of 65) for the words "section 37(1)(a) or (b) of the Act" there shall be substituted the words "section 70(1)(a) or (b) of the Contributions and Benefits Act".

Saving
    3.    In a case where regulation 8(2)(c) of the Social Security (Invalid Care Allowance) Regulations 1976 applied immediately before 25th November 1996, that regulation shall continue to apply in respect of any continuous period throughout which a person is entitled to an invalid care allowance in respect of a severely disabled person and which began on a date before 25th November 1996, as if regulation 2(7)(c) of these Regulations had not been made.

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

Roger Evans

Parliamentary Under-Secretary of State,
Department of Social Security

28th October 1996

Regulation 2, except for paragraph (7)(c), substitutes throughout the Social Security (Invalid Care Allowance) Regulations 1976 equivalent references to the Social Security Contributions and Benefits Act 1992 for references to the Social Security Act 1975.

Regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 1976 provides that a person is not to be treated as gainfully employed on any day in a week unless his earnings in the immediately preceding week have exceeded a specified amount. Paragraph (2)(c) of that regulation provides that there is to be disregarded for the purposes of paragraph (1) a person's earnings in the week immediately preceding the week in respect of which that person (if his earnings in that week were disregarded) would first become entitled to an invalid care allowance.

Regulation 2(7)(c) amends regulation 8(2) of the Social Security (Invalid Care Allowance) Regulations 1976 by omitting sub-paragraph (c). Regulation 3 makes a saving provision in respect of any continuous period of entitlement before 25th November 1996.

These Regulations do not impose any costs on business.

[1] 1992 c. 4. Section 70 was amended by S.I. 1994/2556. back

[2] See section 173(1)(b) and (7) of the Social Security Administration Act 1992 (c. 5). back

[3] S.I. 1976/409; relevant amending instruments are S.I. 1977/342, 1981/655, 1991/2742, 1992/470, 1993/316, 1994/2556, 1995/2935 and 1996/30. back

[4] 1992 c. 4. back