
1 
These Regulations may be cited as the Social Security (Incapacity for Work and Severe Disablement Allowance) Amendment Regulations 1997 and shall come into force on 1st April 1997.
2 
In regulation 10(2) of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons with a severe condition to be treated as incapable of work) after sub-paragraph
(a) there shall be inserted—“
(aa) that he is entitled to—
(i) a disablement pension by virtue of section 103 of the Contributions and Benefits Act by reference to a degree of disability of not less than 80 per cent.;
(ii) a disablement pension by virtue 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 by reference to a degree of disability of not less than 80 per cent.;
(ab) that evidence in accordance with regulation 10 of the Social Security (Severe Disablement Allowance) Regulations 1984 establishes that he suffers from a loss of physical or mental faculty such that the extent of the resulting disablement amounts to not less than 80 per cent.;”.
3 
In regulation 10(1) of the Social Security (Severe Disablement Allowance) Regulations 1984 (adjudication)—
(a) sub-paragraph (a) shall be omitted;
(b) for sub-paragraph (b) there shall be substituted—“
(b) evidence that on that day he is or was entitled to the care component of disability living allowance at the highest rate prescribed in accordance with section 72(3) and (4) (a) of the Contributions and Benefits Act;”;
(c) in sub-paragraph (f) the words “or partially sighted” shall be omitted; and
(d) in sub-paragraph (ff) the words “or partially sighted”, in both places where they appear, shall be omitted.
4 
Where
(a) before the coming into force of these Regulations, a person is entitled to severe disablement allowance by virtue of having satisfied regulation 10(1) (a), (b), (f) or (ff) of the Social Security (Severe Disablement Allowance) Regulations 1984, as then in force; and
(b) after the coming into force of these Regulations, he is a person in respect of whom any day is to be treated as part of one period of incapacity for work, within the meaning of section 30C(1) of the Social Security Contributions and Benefits Act 1992, which began before the coming into force of these Regulations, regulation 10 of the Social Security (Severe Disablement Allowance) Regulations 1984 shall continue to have effect as if regulation 3 of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
20th March 1997