
PART I
1 
These regulations may be cited as the 
Social Security (Severe Disablement Allowance) Regulations 1984
and shall come into operation in the case of 
regulations 1, 2, 
10, 17, 
18 and 19
on 10th September 1984, and in the case of the remainder of the regulations
on 29th November 1984.
2 

(1) In these regulations 
“the Act” means the 
Social Security Act 1975, and “the 1984 Act” means 
the Health and Social Security Act 1984.

(2) Any reference in these regulations to
a person's father, mother, son, or daughter includes a reference to his step-father,
step-mother, step-son or step-daughter, as the case may be, and a person shall
be treated as such a relative if he would be such a relative if some person
born illegitimate had been born legitimate.
(3) In determining whether a day falls within
a period of interruption of employment, the provisions of 
section 17(1) of the Act (days for which unemployment,
sickness and invalidity benefit are payable) and of any regulations made under 
section 17(1) and (2)
shall have effect for the purposes of severe disablement allowance as they
have effect for the purposes of invalidity benefit.
(4) References in 
regulations 5(b) and 6
to a person being entitled to a severe disablement allowance and in 
regulation 20 to a person being entitled to
a non-contributory invalidity pension include a reference to a person who
would be entitled to a payment of such an allowance or, as the case may be,
such a pension but for any provision of the 
Social Security (Overlapping Benefits) Regulations 1979.

(5) Unless the context otherwise requires,
any reference in these regulations to a numbered regulation is a reference
to the regulation bearing that number in these regulations and any reference
in a regulation to a numbered paragraph is a reference to the paragraph of
that regulation bearing that number.
PART II
3 

(1) Subject to the following provisions of
this regulation, the prescribed conditions for the purposes of 
section 36(4)(c) of the Act as to residence
and presence in Great Britain in relation to any person in respect of any
day shall be—
(a) that he is present in Great Britain;

(b) that he has been present in Great Britain
for 168 days or more in the 196 days immediately preceding that day; and
(c) that he has been resident in Great Britain
for a period of or periods amounting in the aggregate to—
(i) 10 years in the 20 years immediately
preceding that day; or
(ii) 10 years since his birth if he is under
20 years of age on that day.
(2) For the purposes of 
paragraph (1)(a) or (b)
notwithstanding that on any day a person is absent from Great Britain he shall
be treated as though he were present in Great Britain if his absence is by
reason only of the fact that on that day—
(a) he is abroad in his capacity as—

(i) a serving member of the forces within
the meaning of the definition of “serving member of the forces”
in regulation 1(2)
of the Social Security (Contributions) Regulations 1979
, or
(ii) an airman or mariner within the meaning
of regulation 81 and 
regulation 86 respectively of those Regulations;
or
(b) he is in prescribed employment in connection
with continental shelf operations within the meaning of 
regulation 85 of those Regulations; or
(c) he is living with a person mentioned
in sub-paragraph (a)(i)
and is the spouse, son, daughter, father, father-in-law, mother or mother-in-law
of that person.
(3) Where a person has been entitled to a
severe disablement allowance or a non-contributory invalidity pension for
any day, the conditions set out in paragraph
(1) of this regulation shall not apply to that
person in respect of any subsequent day of incapacity for work falling within
the same period of interruption of employment.
4 
A person who has attained pensionable age shall for the purposes
of section 36(4)(d)
of the Act be treated as having been entitled to a severe disablement allowance
immediately before attaining that age if immediately before attaining it—

(a) he would have satisfied the conditions
for entitlement to that allowance or to a non-contributory invalidity pension
but for the provisions of the Social Security
(Overlapping Benefits) Regulations 1979, or

(b) he was entitled to a non-contributory
invalidity pension.
5 
A person who—
(a) has attained retiring age; and
(b) was entitled to a severe disablement
allowance immediately before he attained that age,
shall continue to be so entitled notwithstanding that he
does not satisfy the conditions specified in 
subsection (2) or (3) of section 36
 of the Act if he satisfies the other requirements
for entitlement to such an allowance.
6 
A person who has previously been entitled to a severe disablement
allowance for any day shall be entitled to such an allowance on the relevant
day notwithstanding that he does not satisfy—
(a) in the case of a person who on the earlier
day satisfied the conditions specified in section
36(2) of the Act, the conditions specified
in subsection (2)(b)
of that section; or
(b) in the case of a person who on the earlier
day satisfied the conditions specified in section
36(3) of the Act, the conditions specified
in subsection (3)(b)
of that section,
if the relevant day and the earlier day fall within the
same period of interruption of employment and if he satisfies the other requirements
for entitlement to such an allowance.
7 

(1) Subject to 
paragraph (3), for the purposes of severe disablement
allowance a person shall not be treated as incapable of work for any day unless
that day would be a day of incapacity for work under 
section 17(1)(a) of the Act or 
regulation 3, 5
or 7(1)(f) of the 
Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations
1983 (provisions for determining whether a
day is one of incapacity for work for the purposes of sickness or invalidity
benefit); and in the case of a person who has not attained retiring age, Sunday
or the day which would be substituted for Sunday under 
regulation 4 of the said regulations of 1983
shall (except for the purposes of the requirements of 
section 36(2) or (3)
of the Act as to the period for which a person must have been incapable of
work as those apply in the case of a person who has not previously been entitled
to severe disablement allowance) not be treated as a day on which that person
is incapable of work.
(2) In determining for the purposes of 
section 36(2) or (3)
of the Act whether a person has been incapable of work for a period of not
less than 196 consecutive days, a day shall not be treated as a day on which
that person was incapable of work if on that day he was undergoing imprisonment
or detention in legal custody.
(3) A person who was incapable of work—

(a) for not less than 196 consecutive days
commencing on or before he attained the age of 20, and
(b) for not less than 196 consecutive days
immediately preceding the relevant day,but who was capable of work for a period which does not, or for
periods which in the aggregate do not, exceed 182 days where that period or
those periods occurred
(i) after the 196 days mentioned in 
sub-paragraph (a) but before the 196 days mentioned
in sub-paragraph (b),
and
(ii) after he attained the age of 15 years
24 weeks,shall be treated for the purposes of 
section 36(2)(b) of the Act, and for that purpose
only, as incapable of work on each day within that period or those periods.

8 

(1) A person shall be treated as receiving
full-time education for the purposes of severe disablement allowance for any
period during which—
(a) he is not less than 16 or more than 19
years of age; and
(b) he attends for not less than 21 hours
a week a course of education; so, however, that in calculating the number
of hours a week during which he attends that course no account shall be taken
of any instruction or tuition which is not suitable for persons of the same
age and sex who do not suffer from a physical or mental disability.
(2) In determining the duration of a period
of full-time education under paragraph (1),
any temporary interruption of that education may be disregarded.
(3) A person over the age of 19 shall be
treated as not receiving full-time education.
9 
A person shall be disqualified from receiving a severe disablement
allowance for such period not exceeding 6 weeks as may be determined in accordance
with sections 97 to 104
of the Act if—
(a) he has become incapable of work through
his own misconduct, except that this disqualification shall not apply where
the incapacity is due to venereal disease; or
(b) he fails without good cause to comply
with a notice in writing given by or on behalf of the Secretary of State requiring
him to attend for and to submit himself to medical or other examination on
a date not earlier than the third day after the day on which the notice was
sent and at a time and place specified in that notice; or
(c) he fails without good cause to attend
for, or submit himself to, medical or other treatment; so however that this
disqualification shall not apply to any failure to attend for or to submit
to vaccination or inoculation of any kind or to a surgical operation, unless
the failure is a failure to attend for or to submit to a surgical operation
of a minor character, and is unreasonable; or
(d) he fails without good cause to observe
any of the following rules of behaviour, namely:—
(i) to refrain from behaviour calculated
to retard his recovery, and to answer any reasonable enquiries (not being
enquiries relating to medical examination, treatment or advice) by the Secretary
of State or his officers directed to ascertaining whether he is doing so;

(ii) not to be absent from his place of residence
without leaving word where he may be found;
(iii) to do not work for which remuneration
is, or would ordinarily be, payable unless it is—(aa)  work which is undertaken under medical
supervision as part of his treatment while he is a patient in or of a hospital
or similar institution, or(bb)  work which is not so undertaken and
which he has good cause for doing,and from which, in the case of work of either description,
his earnings, if any, are ordinarily not more than £23.50 a week.
10 

(1) For the purposes of 
section 36(5) (extent of disablement) of the
Act, the evidence required that on any day a person suffers or suffered from
loss of physical or mental faculty such that the assessed extent of the resulting
disablement amounts or amounted to not less than 80 per cent. shall consist
of—
(a) evidence that that day falls within the
period specified in a certificate issued in respect of him by the Attendance
Allowance Board under section 35(2)
of the Act;
(b) evidence that on that day he is or was
entitled to—
(i) a mobility allowance under 
section 37A of the Act; or
(ii) a mobility supplement under article 26A of
the Naval, Military and Air Forces etc. (Disablement and
Death) Service Pensions Order 1983 or under 
article 25A of the Personal Injuries
(Civilians) Scheme 1983;
(c) evidence that the extent of his disablement
on that day has been assessed for the purposes of 
section 57 of the Act as not less than 80 per
cent;
(d) evidence that that day is or was or is
or was later than one in respect of which it has been determined under the Vaccine Damage Payments Act 1979
that he is or was severely disabled as a result of a vaccination against any
of the diseases to which that Act applies;
(e) evidence that the degree of his disablement
on that day has been assessed for the purposes of 
Part III of the Naval, Military and
Air Forces etc. (Disablement and Death) Service Pensions Order 1983
or of Part III of the 
Personal Injuries (Civilians) Scheme 1983 as
not less than 80 per cent;
(f) evidence that on that day he is or was
registered as a blind or partially sighted person in a register compiled under section 29 of the 
National Assistance Act 1948;
(g) evidence that on that day the Secretary
of State provides or provided him with an invalid carriage or other vehicle
under section 5(2)
of the National Health Service Act 1997
or makes or made payments by way of grant to him under 
paragraph 2 of Schedule 2 to that Act;
(h) evidence that the extent of his disablement
on that day has been assessed for the purposes of 
section 36 of the Act as not less than 80 per
cent; or
(i) such other evidence as satisfies an adjudicating
medical authority that he so suffers or suffered.
(2) For the purposes of sub-paragraphs (a) to (h) of paragraph (1)
an official record of the Department of Health and Social Security of any
fact specified in those sub-paragraphs shall be sufficient evidence of that
fact.
(3) The disablement questions in relation
to severe disablement allowance shall be referred to and determined by an
adjudication officer in any case where the Department of Health and Social
Security has an official record as specified in 
paragraph (2).
(4) For the purposes of 
paragraph (1)(i) 
“adjudicating medical authority” means an adjudicating medical practitioner, or two or more adjudicating
medical practitioners acting as a medical board, or a medical appeal tribunal.

PART III
11 
For the words “non-contributory invalidity pension”
 wherever they occur in any provision mentioned in 
column 3 of Schedule 2 there shall be substituted
the words “severe disablement allowance”.
12 
In regulation
82(1)(b) of the Social Security (Adjudication)
Regulations 1984 for the words “or
non-contributory invalidity pension” there shall be substituted
the words “non-contributory invalidity pension or severe disablement
allowance”.
13 
In regulation
2 of the Social Security (Benefit)
(Members of the Forces) Regulations 1975 (unemployment, sickness and
invalidity benefit) for the shoulder note and the words in that regulation
down to and including “non-contributory invalidity benefit”
 there shall be substituted the following shoulder note and words:—
“
2 
A person shall not be entitled to unemployment benefit, sickness
benefit, invalidity benefit or a severe disablement allowance”.
14 
In regulation
2 of the Social Security (Airmen's
Benefit) Regulations 1975 (removal of disqualification
in the case of airmen for receiving benefit while absent from Great Britain)
for the words “invalidity benefit or non-contributory invalidity
pension” where they occur in paragraphs
(1) and (2)
there shall be substituted the words “invalidity benefit or severe
disablement allowance”.
15 

(1) The 
Social Security (Mariners' Benefits) Regulations 1975 shall be amended in accordance
with the following provisions of this regulation.
(2) In regulation
4 (removal of disqualification for receiving
benefit by reason of absence from Great Britain)—
(a) in paragraph
(a) for the words “sickness benefit,
invalidity benefit or non-contributory invalidity pension” there
shall be substituted the words “sickness benefit, invalidity
benefit or severe disablement allowance”;
(b) in paragraph
(b) for the words “unemployment
benefit, sickness benefit, invalidity benefit or non-contributory invalidity
pension”, there shall be substituted the words “unemployment
benefit, sickness benefit, invalidity benefit or severe disablement allowance”
.
(3) In regulation
5 (evidence of unemployment or incapacity)
for the words “unemployment benefit, sickness benefit, invalidity
benefit or non-contributory invalidity pension”, there shall
be substituted the words “unemployment benefit, sickness benefit,
invalidity benefit or severe disablement allowance”.
(4) In regulation
6(2) (special provisions relating to days of
incapacity for work) for the words “sickness benefit, invalidity
benefit or non-contributory invalidity pension” there shall
be substituted the words “sickness benefit, invalidity benefit
or severe disablement allowance”.
16 
In regulation
2(1) of the Social Security Benefit
(Persons Abroad) Regulations 1975 (modification of the Act
in relation to various benefits) for the shoulder note and the words in that
regulation down to and including “non-contributory invalidity
pension”, there shall be substituted the following shoulder
note and words:—“
2 

(1) A person shall not be disqualified for
receiving sickness benefit, invalidity benefit, severe disablement allowance”.

17 
In regulation
9 of the Social Security (Claims and
Payments) Regulations 1979, after 
paragraph (5) there shall be inserted the following
paragraphs:—“
(6) A claim for a non-contributory
invalidity pension may be treated also as a claim for a severe disablement
allowance.

(7) A claim for a severe disablement
allowance may be treated also as a claim for a non-contributory invalidity
pension.”
PART IV
18 

(1) A claim for a severe disablement allowance
may be made in writing before 29th November 1984 on a form approved for the
purpose by the Secretary of State by any person in relation to whom the appointed
day for the coming into force generally of section
11 of and Schedule 4
to the 1984 Act is 29th November 1984.

(2) Any claim made in accordance with 
paragraph (1) may be treated as made for a
period commencing on or after 29th November 1984.
(3) A decision which is given before 29th
November 1984 awarding a severe disablement allowance on such a claim as is
referred to in paragraph (1)
of this regulation—
(a) may award the allowance from a date not
before 29th November 1984 on which it appears probable that the requirements
for entitlement will be satisfied;
(b) shall be subject to the condition that
those requirements are satisfied on the date from which it is so awarded;

(c) may be reviewed if any question arises
as to the satisfaction of those requirements.
19 
In relation to any person other than one to whom 
paragraph (1) of regulation 18 refers that
regulation shall have effect, from a day three months before the day appointed for the coming into force generally in relation
to him of the provisions referred to in that paragraph, as if for each reference
to 29th November 1984 there were substituted a reference to the day so appointed.

20 

(1) Any person who, immediately before both
10th September 1984 and 29th November 1984 was entitled to a non-contributory
invalidity pension shall be entitled for 29th November 1984, and for any subsequent
days which together with 29th November 1984 fall within a single period of
interruption of employment, to a severe disablement allowance whether or not—

(a) he is disabled for the purposes of 
section 36 of the Act, or
(b) 29th November 1984 is appointed for the
purposes of section 11
of the 1984 Act in relation to persons of his age,if he satisfies the other requirements for entitlement to such
an allowance.
(2) If in the case of any person a day and
an earlier day for which he was entitled to a non-contributory invalidity
pension fall within a single period of interruption of employment—
(a) for the purposes of 
section 36 of the Act he shall be deemed to
be disabled on the day first-mentioned whether or not he is suffering from
such loss of faculty as is specified in subsection
(5) of that section; and
(b) the condition in 
section 79(1) of the Act (benefit must be duly
claimed) shall be deemed to be satisfied for the purposes of his right to
a severe disablement allowance for the day first-mentioned if, but for the
passing of the 1984 Act, that condition would have been satisfied for the
purposes of his right to a non-contributory invalidity pension for that day.

(3) A person who was entitled to a non-contributory
invalidity pension immediately before attaining retiring age shall be treated
for the purposes of regulation 5
as having been entitled to a severe disablement allowance immediately before
attaining that age.
(4) A person who was entitled to a non-contributory
invalidity pension for any day before 29th November 1984 shall be treated
for the purposes of regulation 6
as having been entitled to a severe disablement allowance for that day.
21 
The regulations set out in column
(1) of Schedule 3 are revoked to the extent
mentioned in column (3) of that Schedule.
Signed by authority of the Secretary of State for Social Services.

Rhodes Boyson
Minister of State
Department of Health and Social Security
15th August 1984
SCHEDULE 1


Column (1) Column (2)
Provision Relevant Amendment
The Social
Security Act 1975 3(2) None.
 36(4) and
(7) The 
Health and Social Security Act 1984, 
section 11.
 40(a) None.
 79(3) The Social Security and Housing Benefits
Act 1982, section 48(5); 
Schedule 4, paragraph 14(3). The 
Health and Social Security Act 1984, 
section 11(2); Schedule 4, paragraph
3.
 80(1) The Social Security (Miscellaneous Provisions)
Act 1977, section 17(2).
The Child Benefit Act 1975
, section 21(2); 
Schedule 5, Part I.
 81 None.
 82 None.
 
83(1) None.
 85 The Child Benefit Act
1975, section 21(1); 
Schedule 4, paragraph 28.
 108(2)
 The 
Health and Social Services and Social Security Adjudications Act 1983, 
section 25; Schedule 8, paragraph 21(1)
. The Health and
Social Security Act 1984, section 11(2)
; Schedule 4, paragraph 6.

 115(1) None.
 119(3)
 The 
Social Security Act 1979, section 21(4)
; Schedule 3, paragraph 9(a).

 128(2) None.
 129(1)
 None.
 131 None.
 Schedule 13, paragraph
2 None.

 Schedule 20
(definition of “prescribe” and “regulations”) None.

The Child Benefit Act 1975 17(5) The 
Health and Social Security Act 1984, 
section 11(2); Schedule 4, paragraph
12.

The Social Security (Miscellaneous Provisions)
Act 1977 
22(1) None.
SCHEDULE 2
Regulation 11


Column (1) 
Column (2) Column (3)


Citation Statutory Instrument
 Provision
The 
Social Security (Hospital In-Patients) Regulations 1975 S.I. 1975/555;
the relevant amending instrument is S.I. 1975/1058
 
Regulation 7(3) (a)(i) and (3) (b)(i)

Schedule 2
The Social Security (Medical Evidence)
Regulations 1976 S.I. 1976/615;
the relevant amending instrument is S.I. 1982/699
, regulation 2(2) Regulation 5(1)
The Child
Benefit (General) Regulations 1976 S.I. 1976/965;
the relevant amending instrument is S.I. 1976/1758
, regulation 3(2) Regulation 15
The Social
Security Benefit (Persons Residing Together) Regulations 1977 S.I. 1977/956 Regulation 2(2)(a)


The Social Security Benefit (Computation of Earnings)
Regulations 1978 S.I. 1978/1698 Regulation 1(2)
The Social
Security (Overlapping Benefits) Regulations 1979 S.I. 1979/597 Regulation 4(2)(d)

Regulation 12
Regulation 14(2)
Schedule 1, paragraph 4
The Social Security
(Claims and Payments) Regulations 1979 S.I. 1979/628;
the relevant amending instrument is S.I. 1982/1362
, regulation 2(4) Regulation 10Regulation 11(1)(a)
and (5),
Regulation 15(1)(h)
Schedule 1, paragraphs 3 and 4Schedule 2, paragraphs 2
and 2A
Schedule 3
The Social Security (Widows' Benefit
and Retirement Pensions) Regulations 1979 S.I. 1979/642 Regulation 17(1)(f)


The Social Security (General Benefit) Regulations
1982 
S.I. 1982/1408 
Regulation 2(2)
SCHEDULE 3
Regulation 21


Column (1) 
Column (2) Column (3)


Citation Statutory Instrument
 Extent of Revocation

The 
Social Security (Non-Contributory Invalidity Pension) Regulations 1975 S.I. 1975/1058 The whole regulations
The Social Security (Non-Contributory
Invalidity Pension) Amendment Regulations 1975 S.I. 1975/1166 The whole regulations
The Social Security (Child
Benefit Consequential) Regulations 1977 S.I. 1977/342 Regulation 16
The Social
Security (Non-Contributory Invalidity Pension) Amendment Regulations 1977
 
S.I. 1977/1312 
The whole regulations
The 
Social Security (Non-Contributory Invalidity Pension) Amendment Regulations
1978 
S.I. 1978/1340 
The whole regulations
The 
Social Security (Non-Contributory Invalidity Pension) Amendment (No.2) Regulations
1978 
S.I. 1978/1845 
The whole regulations
The 
Social Security (Claims and Payments) Regulations 1979 S.I. 1979/628 Regulation 11(7), 
(8) and (9)
The Social
Security (Sickness and Invalidity Benefit and Non-Contributory Invalidity
Pension) Amendment Regulations 1983 S.I. 1983/1587 Regulation 3
The Social
Security (Non-Contributory Invalidity Pension) Amendment Regulations 1983
 
S.I. 1983/1683 
The whole regulations