text:
Title, extent and commencement
1
These Regulations, which may be cited as the Beef Carcase (Classification) Regulations 1991 shall apply in Great Britain and shall come into force —
a
as respects all regulations except for regulations 5, 6, 7 and 8(1) on the 31st October 1991; and
b
as respects regulations 5, 6, 7 and 8(1) on the 1st January 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“adult bovine animal” has the meaning assigned to it by Article 1(2) of Council Regulation ( EEC ) No 805/68 on the common organisation of the market in beef and veal as amended ;
“appropriate Minister” —
in relation to England, means the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, means the Secretary of State;
“authorised officer” means a person (whether or not an officer of that Minister) authorised by the appropriate Minister for the purposes of these Regulations;
“classification” means the classification of regulated carcases in accordance with Articles 3 and 4(1) of Council Regulation (EEC) No 1208/81 determining the Community scale for the classification of carcases of adult bovine animals as amended ;
“classification requirements” means the requirements relating to the classification and identification of carcases specified in the Community provisions and in regulations 5, 6, 7 and 8 of these Regulations;
“Commission Regulation” means Commission Regulation (EEC) No 344/91 laying down detailed rules for applying Council Regulation (EEC) No 1186/90 extending the scope of the Community scale for the classification of adult bovine animals ;
“Community provision” means a provision of a regulation of the European Communities referred to in column 1 of Schedule 1 to these Regulations which is specified in column 2 thereof, and the subject matter of which is described in column 3 thereof, opposite the reference to that regulation;
“exempt carcase” means a regulated carcase which has been obtained in the circumstance specified in the second indent to Article 2(2) of the Commission Regulation;
“exempt occupier” means an occupier of a regulated slaughterhouse to which the first indent to Article 2(2) of the Commission Regulation applies;
“ MLC ” means the Meat and Livestock Commission established under section 1 of the Agriculture Act 1967 ;
“occupier” means a person carrying on the business of a regulated slaughterhouse;
“pistola cut carcase” has the meaning assigned to it in paragraph 2 of Schedule 3 to these Regulations;
“prescribed communication” means communication of the results of classification as required by Article 1(2) of Council Regulation (EEC) No 1186/90 extending the scope of the Community scale for the classification of carcases of adult bovine animals ;
“regulated carcase” means a carcase or half carcase(f) of an adult bovine animal which, in relation to such an animal slaughtered in England and Wales, has been marked in accordance with regulation 8(3) of and Schedule 11 to the Fresh Meat Export (Hygiene and Inspection) Regulations 1987 or, in relation to such an animal slaughtered in Scotland, has been marked in accordance with regulation 8(4) of and Schedule 11 to the Fresh Meat Export (Hygiene and Inspection)(Scotland) Regulations 1987 (both of which Regulations implement in part the provisions of Council Directive 64/433/EEC on health problems affecting intra-Community trade in fresh meat as amended ;
“regulated slaughterhouse” means, in relation to a slaughterhouse in England and Wales, an export slaughterhouse as defined in regulation 2(1) of the Fresh Meat Export (Hygiene and Inspection) Regulations 1987 and, in relation to a slaughterhouse in Scotland, an export slaughterhouse as defined in regulation 2(1) of the Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987;
“veterinary approval number” means the serial number allocated in relation to the approval of a regulated slaughterhouse under the Fresh Meat Export (Hygiene and Inspection) Regulations 1987 or the Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in the Community provisions.
3
In these Regulations unless the context otherwise requires any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Exemption
3
1
Subject to paragraph (2) below the classification requirements shall not be compulsory in relation to an exempt occupier or an exempt carcase.
2
Notwithstanding (the exemptions from the classification requirements granted under paragraph (1) above, regulations 4, 9(2), 11, 12, 13, 14 and 15 shall apply to an exempt occupier.
Registration
4
1
Every person who on the day after the date on which this regulation comes into force is, or on a subsequent date becomes, an occupier shall within 28 days of that date give written notice to the appropriate Minister of the particulars specified in Schedule 2.
2
Where any change occurs in any of the particulars required to be notified under paragraph (1) above the occupier shall within 28 days of the change give written notice to the appropriate Minister of particulars of the change.
3
Where an occupier of a regulated slaughterhouse ceases to be its occupier he shall within 10 days of the date of such cessation give written notice to the appropriate Minister of —
a
the date of such cessation; and
b
the person (if any) succeeding him as occupier of that slaughterhouse.
4
Where a regulated slaughterhouse ceases to be such a slaughterhouse its occupier shall within 10 days of such cessation give written notice to the appropriate Minister of the date of such cessation.
Position of marks
5
Subject to regulation 7, the marks to be applied on a regulated carcase in accordance with Article 1(1) of the Commission Regulation shall be applied on the positions as specified in that Article or (except as regards a pistola cut carcase) on the positions as specified in paragraph 1 of Schedule 3.
Labelling instead of marking
6
Subject to regulation 7, an occupier may instead of marking a regulated carcase in accordance with Article 1(1) of the Commission Regulation and regulation 5, label it in accordance with Article 1(2) of the Commission Regulation and such labels shall be applied on the positions as specified in Article 1(1) of that Regulation or (except as regards a pistola cut carcase) on the positions as specified in paragraph 1 of Schedule 3.
Marking of carcases intended for intervention or for private storage aid
7
Regulations 5 and 6 shall not apply in relation to a regulated carcase to which —
a
Article 4(3) of Commission Regulation (EEC) No 859/89 laying down detailed rules for the application of intervention measures in the beef and veal sector as amended applies, or
b
Article 2(2) of Commission Regulation (EEC) No 3445/90 laying down detailed rules for granting private storage aid for beef and veal applies.
Licenced classifiers
8
1
Classification shall not be carried out by any person unless he holds a licence granted under this regulation and complies with the terms and conditions of that licence.
2
The appropriate Minister may grant a licence to any person appearing to him to be qualified to carry out classifications.
3
A licence under this regulation —
a
shall come into force on the date of issue of the licence,
b
shall be in the form prescribed in Schedule 4 and shall be subject to such conditions as are also specified in that form, and
c
may be suspended or revoked —
i
for contravention of any condition subject to which the licence was granted, or
ii
in the circumstances referred to in the second paragraph of Article 3(2) of the Commission Regulation.
Keeping,retention and production of records
9
1
An occupier who is not an exempt occupier shall —
a
keep a record of the particulars specified in Part I of Schedule 5 relating to each regulated carcase which is classified in a regulated slaughterhouse occupied by him; and
b
keep a record of the particulars specified in Part II of Schedule 5 relating to each exempt carcase which is obtained in a regulated slaughterhouse occupied by him.
2
An exempt occupier shall keep a record of the particulars specified in Part III of Schedule 5.
3
A person who under paragraphs (1)or (2) above is required to keep a record shall —
a
retain that record for a period of two years from the end of the calendar year to which such record relates; and
b
upon demand by an authorised officer produce or cause to be produced such record for inspection by the authorised officer and shall allow him to take copies and make extracts from it.
Classification by the MLC
10
1
An occupier may request the MLC to carry out the classification requirements at a regulated slaughterhouse occupied by him.
2
An occupier shall —
a
make such a request by written notice, to be given to the MLC not less than six months before the date on which he requires the MLC to commence the carrying out of the classification requirements at that slaughterhouse, and
b
within 30 days from the date of such notice, agree with the MLC a classification charge.
3
The MLC may —
a
notwithstanding paragraph (2)(a) above, accept a notice of less than six months, and
b
notwithstanding paragraph (2)(b) above, agree with an occupier a classification charge at any time.
4
If the occupier and the MLC fail to agree a classification charge, the MLC may refuse to carry out the classification requirements and in such event shall notify the occupier in writing of such refusal.
5
Where the MLC has received a notice to carry out the classification requirements at a regulated slaughterhouse and agreed with the occupier a classification charge, the MLC shall —
a
forthwith notify that occupier in writing of:
i
agreement to carry out the classification requirements at that slaughterhouse;
ii
the classification charge and the period for which such charge is to apply, as agreed between the MLC and that occupier; and
iii
the date of commencement;
b
forthwith notify the appropriate Minister in writing of its agreement to carry out the classification requirements at that slaughterhouse and the date of commencement;
c
subject to paragraph (6) below, from the date of commencement carry out the classification requirements in respect of every regulated carcase obtained in that slaughterhouse; and
d
as soon as reasonably practicable after carrying out such classification requirements provide the occupier with the particulars specified in paragraphs 1, 3 and 5 of Part I of Schedule 5 and any other details relating to such classification requirements as the occupier may reasonably require so as to enable him to give the prescribed communication and to comply with regulation 9.
6
The MLC having agreed to carry out the classification requirements at a regulated slaughterhouse in accordance with paragraph (5) above may suspend or revoke that agreement if the occupier of that slaughterhouse —
a
fails to pay to the MLC on demand the classification charge;
b
fails to provide such information and assistance as the MLC may reasonably request so as to enable it to carry out the classification requirements;
c
carries out or allows any other person to carry out the classification requirements in respect of any regulated carcase obtained in that slaughterhouse at any time after the date of commencement; or
d
fails at any time after the date of commencement to present to the MLC any regulated carcase obtained in that slaughterhouse so as to enable the MLC to carry out the classification requirements in respect of that carcase.
7
The MLC having agreed to carry out the classification requirements at a regulated slaughterhouse may suspend or revoke that agreement if the period referred to in paragraph (5)(a)(ii) above has expired without the MLC and that occupier agreeing a classification charge for a further period.
8
The MLC shall forthwith give written notice to the occupier and the appropriate Minister of any action it may have taken under paragraphs (6) or (7) above.
9
Where the MLC has agreed with an occupier to carry out the classification requirements at his regulated slaughterhouse and has agreed with that occupier a classification charge, that occupier shall not revoke that agreement except —
a
by giving to the MLC a further notice in writing to take effect forthwith or on such date as may be specified in that notice where, for whatever reason, the MLC has failed to carry out the classification requirements in respect of every regulated carcase obtained in that slaughterhouse for a continuous period of 2 days (excluding days on which, under that agreement, the MLC is not obliged to carry out such requirements);
b
by agreement with the MLC; or
c
by giving to the MLC a further notice in writing of not less than six months provided that the occupier shall not give such notice during the first six months from the date of commencement.
10
The occupier shall forthwith give written notice to the appropriate Minister of any action he may have taken under paragraph (9) above.
11
In this regulation —
“classification charge” means the amount which the occupier of a regulated slaughterhouse may from time to time agree with the MLC to pay to it for the classification requirements to be carried out by the MLC at that slaughterhouse in accordance with this regulation;
“date of commencement” means the date, agreed between the MLC and an occupier of a regulated slaughterhouse, from which the MLC will carry out the classification requirements at that slaughterhouse;
“regulated carcase” does not include an exempt carcase.
12
In Part I of Schedule 1 to the Agriculture Act 1967, after paragraph 10 there shall be inserted —
10A
Functions under regulation 10 of the Beef Carcase (Classification) Regulations 1991 (undertaking of classification etc of certain carcases).
.
Powers of authorised officers
11
1
An authorised officer may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, for the purpose of ascertaining whether the Community provisions or these Regulations have been or are being complied with —
a
enter any regulated slaughterhouse or any slaughterhouse which he reasonably suspects to be such a slaughterhouse;
b
inspect any regulated carcase or part of such a carcase or any carcase or part of a carcase which he reasonably suspects to be such a carcase or part of such a carcase in that slaughterhouse;
c
examine any records which an occupier is required to keep under regulation 9 and where any such record is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been in use in connection with that record;
d
require that copies of or extracts from any such record be produced and, where such record is kept by means of a computer, require it to be produced in a form in which it may be taken away;
e
retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations.
2
An authorised officer entering any regulated slaughterhouse or other slaughterhouse by virtue of this regulation may take with him such other persons and such equipment as he considers necessary.
Assistance to authorised officers
12
1
An occupier shall give to an authorised officer such assistance as the authorised officer may reasonably request so as to enable the authorised officer to exercise any power conferred under regulation 11.
2
In paragraph (1) above “occupier” includes the MLC when carrying out the classification requirements under regulation 10.
Notices
13
Any notice to be given under these Regulations or any prescribed communication may be given —
a
delivering it to that person;
b
by leaving it or sending it in a prepaid letter addressed to him, at his usual or last known place of business or residence;
c
in the case of the MLC, by delivery or by post in a registered letter or by recorded delivery service to its Head Office; or
d
in the case of a body corporate, by delivery or by post in a registered letter or by recorded delivery service to its registered office or principal place of business in Great Britain.
Offences and penalties
14
1
If any person —
a
intentionally obstructs an authorised officer in the exercise of the powers conferred by regulation 11; or
b
fails to comply with a request under regulation 9(3)(b), 11(1)(d) or 12,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
If any person —
a
fails to comply with any requirement imposed on him under a Community provision or these Regulations; or
b
for the purpose of obtaining a licence under regulation 8 knowingly or recklessly makes a statement which is false in a material particular; or
c
makes an alteration to such a licence,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
Proceedings in England and Wales for an offence under paragraphs (1) or (2) above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the appropriate Minister to justify proceedings comes to his knowledge, and in any case within twelve months from the commission of the offence.
4
Summary proceedings in Scotland for an offence under paragraphs (1) or (2) above may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge, and in any case within twelve months from the commission of the offence, and proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such a warrant is executed without undue delay.
5
A certificate purporting to be signed —
a
for the purposes of paragraph (3) above, by or on behalf of the appropriate Minister, or
b
for the purposes of paragraph (4) above, by the prosecutor,
shall be conclusive evidence of the date on which evidence sufficient to justify proceedings came to his knowledge.
6
If any person —
a
makes an entry which he knows to be false in any record which is required to be kept by virtue of regulation 9(1) or (2) or with intent to deceive, makes use of any entry which he knows to be false; or
b
with intent to deceive applies to a regulated carcase or part of such a carcase a mark prescribed by Article 1(1) of the Commission Regulation or, to a label attached by virtue of regulation 6, an indication prescribed by Article 1(2) of that Regulation; or
c
applies to a regulated carcase or part of such a carcase a mark so closely resembling a mark prescribed by Article 1(1) of the Commission Regulation as to be calculated to deceive or applies to a label attached by virtue of regulation 6 an indication so closely resembling an indication prescribed by Article 1(2) of that Regulation as to be calculated to deceive,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.
7
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
8
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (7) of this regulation shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
9
In paragraph (7) above the references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
Defense of due diligence
15
It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th October 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Ian Lang
Secretary of State for Scotland
8th October 1991


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Supply of Razors and Razor Blades(Interim Provision) Order 1991 and shall come into force at 6.00 pm on21st March 1991.
2
Gillette UK Limited shall not, in the United Kingdom orelsewhere–
a
assign, transfer, surrender or compound to or for the benefit of anyother person any right or interest which it has or is entitled to in,under or in respect of–
i
any share, stock or other interest in or in respect of Swedish MatchNV (a company incorporated in The Netherlands) or the capital of thatcompany, or
ii
any agreement relating to any such share, stock or other interest,or
b
agree to do any of the things mentioned in paragraph (a) above.
3
Lustrasilk International UK Limited shall not, in the United Kingdomor elsewhere–
a
assign, transfer, surrender or compound to or for the benefit of anyother person–
i
the whole or any part of any debt owed by the said Swedish Match NV,or
ii
the benefit of the whole or any part of any such debt, or
iii
any right or interest which it has or is entitled to in, under or inrespect of any such debt or the benefit of any such debt, or
b
forgive or accept any repayment of or in respect of the whole or anypart of any such debt, or
c
agree to do any of the things mentioned in paragraphs (a) and (b)above.
Peter Lilley
Secretary of State for Trade and Industry
21st March 1991


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 1991 and shall come into force on 25th March 1991.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
1
Subject to the following paragraphs of this rule, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 , substitute the table of Fees in the Schedule to this Act of Sederunt.
2
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 as substituted by paragraph (1) above shall apply to work done on or after the date on which this Act of Sederant comes into force.
3
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 having effect before the substitution under paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, IPD
Edinburgh
19th February 1991


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Adjudication) Amendment Regulations 1991 and shall come into force on 11th September 1991.
Amendment of the Social Security (Adjudication) Regulations 1986
2
1
The Social Security (Adjudication) Regulations 1986 shall be amended in accordance with the following provisions of this regulation.
2
The following regulation shall be inserted in section D of Part IV immediately before regulation 65 (review of decisions)–
Date from which revised decision has effect on a review
64A
1
In the case of a review to which either paragraph (2) or paragraph (3) applies, the decision given shall have effect from the date from which the decision being reviewed had effect or from such earlier date as the authority giving the decision being reviewed could have awarded benefit had that authority taken account of the evidence mentioned in paragraph (2) or not overlooked or misconstrued some provision or determination as mentioned in paragraph (3).
2
This paragraph applies to a review under subsection (1)(a) of section 104 of the 1975 Act (review for error of fact) of any decision, whether that decision was made before or after the coming into force of this regulation, where the reviewing authority, that is to say the adjudication officer or, as the case may be, the appeal tribunal, is satisfied that–
a
the evidence upon which it is relying to revise the decision under review is specific evidence which the authority which was then determining the claim or question had before it at the time of making the decision under review claim or question but which that authority failed to take into account; or
b
the evidence upon which it is relying to revise the decision under review is a document or other record containing such evidence which at the time of making the submission to the authority which was then to determine the claim or question, the officer of the Department of Social Security, the Department of Employment or the former Department of Health and Social Security who made the submission had in his possession but failed to submit; or
c
the evidence upon which it is relying to revise the decision under review did not exist and could not have been obtained at that time, but was produced to an officer of one of those Departments or to the authority which made that decision as soon as reasonably practicable after it became available to the claimant.
3
This paragraph applies to a review under subsection (1A) of section 104 of the 1975 Act (review for error of law) of any decision, whether that decision was made before or after the coming into force of this regulation, where the adjudication officer or, as the case may be, the appeal tribunal, is satisfied that the adjudication officer, in giving the decision under review, overlooked or misconstrued either–
a
some provision in an Act of Parliament or in any Order or Regulations; or
b
a determination of the Commissioner or the court,
which, had he taken it properly into account, would have resulted in a higher award of benefit or, where no award was made, an award of benefit.
4
The following provisions of this section, including regulation 69 as continued in force by regulation 13 of the Social Security (Adjudication) Amendment ( No. 2) Regulations 1987 and as amended by regulation 10 of those Regulations, are subject to the provisions of this regulation.
5
In this regulation “court” has the same meaning as it has in section 165D of the Act
.
3
In regulations 65(3), 69(1), both as continued in force by regulation 13 of the Social Security (Adjudication) Amendment (No. 2) Regulations 1987 and as amended by regulation 10 of those Regulations, and 71, for the words “Subject to regulation 72”, there shall be substituted the words “Except in a case to which regulation 64A(2) or (3) applies”.
4
At the beginning of regulation 66(1) there shall be inserted the words “Except in a case to which regulation 64A(2) or (3) applies”.
5
Regulation 72 is hereby revoked.
Saving for pending applications
3
The amendments to the Social Security (Adjudication) Regulations 1986 contained in regulation 2 above shall not apply in the case of any review pursuant to an application for review made before 11th September 1991.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
19th August 1991


text:
1
These Regulations may be cited as the Education (Polytechnics and Colleges Funding Council) (Prescribed Expenditure) Regulations 1991 and shall come into force on 19th October 1991.
2
The following classes or descriptions of relevant expenditure are prescribed for the purposes of section 133 of the Education Reform Act 1988, namely expenditure incurred —
a
by way of payments made by a local authority as compensating authority under the Colleges of Education (Compensation) Regulations 1975 ;
b
by way of payments to teachers who, in consequence of a direction given by the Secretary of State under —
i
regulation 3(2) of the Further Education Regulations 1975 ,
ii
regulation 15 of the Education (Schools and Further Education) Regula tions 1981 , being a direction relating to a course for the training of teachers, or
iii
regulation 16 of the said 1981 Regulations,
have ceased before 1st April 1989 to be employed in a college for the training of teachers or in a department for the training of teachers in any other establishment of further education, being payments of the amount by which the salary to which any such teacher is entitled under section 1(2) of the Teachers' Pay and Conditions Act 1987 or by virtue of any agreement of a kind referred to in that subsection exceeds the salary which would normally be appropriate to the post held by him;
by way of payments in respect of persons who ceased on or after 1st April 1981 but before 1st April 1989 to be wholly or mainly employed, either in connection with the provision at an establishment of further education of any course specified in the Schedule hereto or otherwise than in such a connection, at an establishment where the majority of students were engaged on such courses, being either payments made in pursuance of the Local Government (Compen sation for Premature Retirement) Regulations 1982 , the Local Government (Compensation for Redundancy for Premature Retirement) Regulations 1984 , the Teachers (Compensation for Redundancy and Premature Retire ment) Regulations 1985 , or the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989 ;
by way of payments made in pursuance of the Pensions (Increase) Act 1971 in respect of persons employed otherwise than as teachers who ceased at any time before 1st April 1989 to be employed as mentioned in sub-paragraph (c) above; and
by way of payments under the Teachers (Compensation) (Advanced Further Education) Regulations 1983 , or payments in lieu of notice to a teacher whose employment is terminated in the circumstances referred to in Regulation 3(2) of those Regulations.


text:
1
The lengths of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Councils of Hampshire and Berkshire that the new trunk road is open for through traffic.
2
In this Order–
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered RSE A34/6B/65/2/8 marked “The Winchester-Preston Trunk Road (A34) (Newbury Bypass Detrunking) Order 1991” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new trunk road” means the highway mentioned in article 1 of the Winchester-Preston Trunk Road (A34) (Newbury Bypass) Order 1991 ;
iv
“the Trunk Road” means the Winchester-Preston Trunk Road (A34).
3
This Order shall come into force on 1st August 1991 and may be cited as the Winchester-Preston Trunk Road (A34) (Newbury Bypass Detrunking) Order 1991.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region,
Department of Transport
18th June 1991


text:
1
This Order may be cited as the Representation of the People Act 1990(Commencement No. 1) Order 1991.
2
The Representation of the People Act 1990 shall come into force inGreat Britain on 10th June 1991.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd May 1991


text:
PART I
INTRODUCTION
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Introduction of Disability Living Allowance) Regulations 1991 and shall come into force on 3rd February 1992.
2
In these Regulations —
“ the Act ” means the Disability Living Allowance and Disability Working Allowance Act 1991 ;
“the 1975 Act ” means the Social Security Act 1975 ;
“the 1986 Act ” means the Social Security Act 1986 ;
“care component” means the care component of a disability living allowance;
“mobility component” means the mobility component of a disability living allowance;
“adjudicating authority” means, as the case may require, an adjudication officer, a social security appeal tribunal, a disability appeal tribunal or the chief or any other Social Security Commissioner appointed in accordance with section 97(3) of the 1975 Act, including a Tribunal of 3 such Commissioners constituted in accordance with section 116 of that Act;
“second tier adjudication” has the meaning given to it in regulation 15.
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation bearing that number in these Regulations;
b
in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.
4
Any sum payable in accordance with these Regulations is payable subject to the provisions of chapters II and VI of Part II of the 1975 Act, and of any regulations made thereunder.
PART II
ATTENDANCE ALLOWANCE
Termination or cancellation of awards of attendance allowance
2
1
Any award of attendance allowance to a person to whom paragraph (2) applies for a period —
a
part of which falls after 5th April 1992, shall terminate immediately before 6th April 1992; or
b
the whole of which falls after 5th April 1992, shall be cancelled.
2
This paragraph applies to a person who has not attained the age of 65 on 6th April 1992.
Award of disability living allowance
3
1
Subject to the following provisions of this regulation, a person whose award of attendance allowance is terminated under regulation 2 shall be treated as having been awarded the care component for the period commencing on 6th April 1992 and ending on the day the period of the award of attendance allowance would have been ended but for regulation 2.
2
Subject to the following provisions of this regulation and regulation 4 (claims for, and applications for reviews of decisions relating to, attendance allowance), a person whose award of attendance allowance is cancelled under regulation 2 shall be treated as having been awarded the care component for a period commencing on whichever of the following dates is the latest, namely —
a
6th April 1992, or
b
the date which precedes by 3 months the date the awarded the attendance allowance would have commenced but for regulation 2, or
c
where on 6th April 1992 the person has an award of the care component under paragraph (1), the day following the day that award ends,
and ending on the date the award of attendance allowance would have ended but for regulation 2.
3
Where the award of attendance allowance which has been terminated or cancelled under regulation 2 was made to the person in respect of a child who, on the date the award is terminated or cancelled, has not attained the age of 16 years, then that child, and not the person to whom the award was made, shall be treated for the purposes of paragraph (1) or (2) as having been awarded the care component.
4
The weekly rate of disability living allowance payable by virtue of this regulation shall be —
a
in the case of a person to whom attendance allowance was payable, immediately before the award was terminated in accordance with regulation 2, at the higher rate specified in paragraph 1 of Part III of Schedule 4 to the 1975 Act, the highest of the three weekly rates of care component prescribed in accordance with section 37ZB(3) of the 1975 Act;
b
in the case of a person to whom attendance allowance was payable, immediately before the award of attendance allowance was terminated in accordance with regulation 2, at the lower rate specified in paragraph 1 of Part III of Schedule 4 to the 1975 Act, the middle of the three weekly rates of care component prescribed in accordance with section 37ZB(3) of the 1975 Act;
c
at the highest of the three weekly rates of care component where the award which was cancelled in accordance with regulation 2 was to be payable at the higher rate of attendance allowance and at the middle of those rates where the award which was cancelled was to be payable at the lower rate.
5
Where immediately before 6th April 1992 a person had an award of attendance allowance but no benefit was payable under the award by virtue of regulations made under any provision mentioned in paragraph (6), benefit under the award of disability living allowance treated as made under this regulation shall likewise not be payable; but, subject to the following provisions of this regulation, for any parts of the period during which those regulations do not apply in his case, disability living allowance shall be payable —
a
at the highest of the three weekly rates of the care component prescribed in accordance with section 37ZB(3) of the 1975 Act if attendance allowance would, immediately before 6th April 1992 have been payable at the higher rate but for those regulations, or
b
at the middle of those rates if attendance allowance would immediately before 6th April 1992 have been payable at the lower rate but for those regulations.
6
The provisions are —
a
section 35(6) of the 1975 Act (persons for whom accommodation is provided under certain enactments);
b
section 82(5) of the 1975 Act (persons undergoing detention in legal custody);
c
section 85(1) of the 1975 Act (overlapping benefits).
7
For the purposes of determining the weekly rate of disability living allowance payable to a person under the age of 16 such as is mentioned in paragraph (3), paragraphs (4) and (5) shall apply as if he was the person to whom the attendance allowance was payable immediately before the award was terminated or would have been payable if the award had not been cancelled in accordance with regulation 2.
8
Disability living allowance awarded in accordance with this regulation shall continue for the period of the award only so long as the person to whom the award is treated as made continues to satisfy conditions as to residence and presence prescribed under section 37ZA(6) of the 1975 Act and —
a
in the case of a person to whom the care component is payable at the highest rate, also continues to satisfy the conditions mentioned in section 37ZB(1)(b) and (c) of that Act, or
b
in the case of a person to whom the care component is payable at the middle of the three rates, also continues to satisfy one or other of the conditions mentioned in section 37ZB(1)(b) or (c) of that Act.
9
Subject to paragraph (10), paragraph (8) shall apply to a person who —
a
before 6th April 1992 was entitled to an attendance allowance by virtue of section 35(1)(b) of the 1975 Act as enacted, and
b
is awarded disability living allowance in accordance with this regulation,
as if section 37ZB(1)(c)(ii) was modified to read —
a
he requires continual supervision in order to avoid substantial danger to himself or others
.
10
Paragraph (9) shall not apply where the award of disability living allowance is reviewed in accordance with provisions in Part III of the 1975 Act.
Claims for, and applications for reviews of decisions relating to, attendance allowance
4
1
Subject to paragraph (4), the replacement of attendance allowance by disability living allowance shall be disregarded in a case to which paragraph (2) or paragraph (3) applies.
2
This paragraph applies in a case where a person —
a
is under the age of 65 on 6th April 1992;
b
has an award of attendance allowance which expires after 5th April 1992; and
c
makes a claim for attendance allowance for a period commencing immediately after that award expires.
3
This paragraph applies in a case where —
a
a person is under the age of 65 on 6th April 1992;
b
that person has an award of attendance allowance or is the subject of a decision given on a claim or application either not to award benefit or that conditions of entitlement to attendance allowance were not satisfied;
c
an application is made either —
i
to the adjudication officer in accordance with section 104(2) of the 1975 Act for the decision to award, or as the case may be, not to award benefit to be reviewed, or
ii
to the Attendance Allowance Board in accordance with regulation 38(2) of the Social Security (Adjudication) Regulations 1986 for a decision of theirs given in accordance with section 105(3) or section 106(1) of the 1975 Act (matters for determination by the Attendance Allowance Board), to be reviewed.
4
Any award of attendance allowance made pursuant to this regulation shall be subject to the provisions of regulations 2 and 3 (termination or cancellation of awards of attendance allowance and award of disability living allowance as from 6th April 1992).
Claim for care component treated as having been made
5
1
Paragraph (2) applies where —
a
a person who —
i
does not have an award of attendance allowance, or
ii
does have an award of attendance allowance, but that award is due to expire before 6th April 1992,
makes a claim for attendance allowance, or an application in writing is made in accordance with section 104(2) of the 1975 Act for the decision to award or, as the case may be, not to award attendance allowance to him to be reviewed;
b
the claim or application is made after 2nd February 1992 or is made before 3rd February 1992 but has not been determined by that date; and
c
at the time the claim, or as the case may be, the application is determined the person to whom the claim or application relates has not made a claim for disability living allowance.
2
Where the adjudication officer who is determining the claim or application such as is mentioned in paragraph (1) is satisfied that —
a
the person does not satisfy the conditions of entitlement to attendance allowance, but
b
solely on the evidence before him and apart from the requirement that he makes a claim for disability living allowance in the manner and within the time prescribed, the person would as from 6th April 1992 or from such later date as the adjudication officer may in any particular case determine, satisfy the conditions of entitlement to the care component which qualify him for the lowest, but not the middle or higher, rate of that component,
a claim for the care component only shall be treated as having been made on 3rd February 1992, and an adjudication officer shall determine it.
3
Where a person has before 3rd February 1992 applied to the Attendance Allowance Board for a decision given pursuant to section 105(3) or 106(1) of the 1975 Act to be reviewed, and the question arising thereon has not been determined by 3rd February 1992, then —
a
if the Secretary of State is notified that the question is determined against that person, and
b
at the time he is notified, the person has not made a claim for disability living allowance, but
c
the Secretary of State is satisfied solely on the evidence before him and apart from any requirement that he makes a claim for disability living allowance in the manner and within the time prescribed, that the person may nonetheless satisfy the conditions of entitlement to the care component which qualify him for the lowest, but not the middle or higher rate, of that component,
a claim for care component only shall be treated as having been made on 3rd February 1992 and the Secretary of State shall refer that claim to an adjudication officer for his determination.
Termination of awards of attendance allowance when beneficiary aged 65 or over
6
1
This regulation applies where a person —
a
has attained the age of 65 but not the age of 66, on 6th April 1992;
b
makes a claim for the mobility component by virtue of Parts IV or V of these Regulations or of any regulation made under section 37ZD of the 1975 Act (persons aged 65 or over); and
c
is entitled to attendance allowance on the day the claim is made.
2
Where in connection with a claim such as is mentioned in paragraph (1)(b) an adjudicating authority makes an award of the mobility component, the person’s award of attendance allowance shall, if it has not already been terminated, terminate as from the day which immediately precedes the day the period of the award of the mobility component commences.
3
Where a person whose award of attendance allowance has been terminated in accordance with paragraph (2) also has a further award of attendance allowance due to commence on the day following the day the first award would have ended but for paragraph (2), the further award shall be cancelled.
4
A person whose award of attendance allowance has been terminated in accordance with paragraph (2) or cancelled in accordance with paragraph (3) shall be treated as having been awarded the care component for the period specified in paragraph (5).
5
The period the award commences is the day immediately following the day the award of attendance allowance is terminated in accordance with paragraph (2) and the award ends —
a
except in a case to which sub-paragraph (b) applies, on the day the award of attendance allowance mentioned in paragraph (1)(c) would have ended but for paragraph (2), or
b
where the person also had an award of attendance allowance to which paragraph (3) applies, on the day that award of attendance allowance would have ended but for paragraph (3).
6
Paragraphs (4), (5), (6), (8), (9) and (1 0) of regulation 3 shall apply to awards of the care component having effect under this regulation as they apply to awards having effect under that regulation but as if references to 6th April 1992 were references to the date the period of the award of the care component commenced.
PART III
MOBILITY ALLOWANCE
Termination or cancellation of awards of mobility allowance
7
1
Any award of mobility allowance to a person for a period part of which falls after 5th April 1992, shall terminate immediately before 6th April 1992.
2
Any award of mobility allowance to a person for a period the whole of which falls after 5th April 1992 shall be cancelled.
Disability living allowance to replace mobility allowance
8
1
Subject to paragraph (4), a person whose award of mobility allowance is terminated in accordance with regulation 7(1) shall be treated as having been awarded the mobility component —
a
for a period commencing on 6th April 1992 and ending on the day the period of the award of mobility allowance would have ended but for regulation 7(1), or
b
for life, where the award of mobility allowance was for, or had effect as if for, a period ending on the day before the day on which the person would have attained the age of 80.
2
Subject to paragraph (4) a person whose award of mobility allowance is cancelled in accordance with regulation 7(2) shall be treated as having been awarded the mobility component —
a
except where sub-paragraph (b) applies, for a period commencing on the date the award of mobility allowance would have commenced, and ending on the date that award would have ended, but for regulation 7(2);
b
where the award of mobility allowance was for a period ending with the day before the day the person would have attained the age of 80, for life, commencing on the date the award of mobility allowance would have commenced but for regulation 7(2).
3
The weekly rate of disability living allowance payable by virtue of this regulation shall be the higher of the two weekly rates of mobility component prescribed in accordance with section 37ZC(10) of the 1975 Act.
4
Disability living allowance awarded in accordance with this regulation shall continue for the period of the award only so long as the person to whom the award is treated as made continues —
a
to satisfy conditions as to residence and presence prescribed under section 37ZA(6) of the 1975 Act, and
b
to satisfy or be deemed in accordance with section 13(1) of the Social Security (Miscellaneous Provisions) Act 1977 (mobility component for certain persons eligible for invalid carriages) to satisfy one of the conditions mentioned in paragraphs (a) to (c) of subsection (1) of section 37ZC of the 1975 Act.
Claims for, and applications for reviews of decisions relating to, mobility allowance
9
1
The replacement of mobility allowance by disability living allowance shall except to the extent specified in paragraphs (4) and (5) be disregarded in a case to which paragraph (2) or paragraph (3) applies.
2
This paragraph applies in a case where a person —
a
is under the age of 65 on 6th April 1992;
b
has an award of mobility allowance which expires after 5th April 1992; and
c
makes a claim for mobility allowance for a period commencing immediately after that award expires.
3
This paragraph applies in a case where —
a
a person is under the age of 65 on 6th April 1992;
b
that person has an award of mobility allowance or is the subject of a decision given on a claim or application not to award benefit; and
c
an application is made to an adjudication officer in accordance with section 104(2) of the 1975 Act for the decision to award, or as the case may be, not to award benefit to be reviewed.
4
Any award of mobility allowance made pursuant to this regulation shall be subject to the provisions of regulations 7 and 8 (termination or cancellation of awards of mobility allowance and disability living allowance to replace mobility allowance as from 6th April 1992).
5
In determining under this regulation a person’s entitlement to mobility allowance for any period after 5th April 1992 —
a
the conditions as to residence and presence prescribed under section 37ZA(6) of the 1975 Act (which relates to residence and presence conditions for disability living allowance) and not those prescribed under section 37A(1) of that Act (mobility allowance) shall apply; and
b
for the reference to 12 months in section 37A(2)(a) of the 1975 Act there shall be substituted a reference to 9 months.
Claim for mobility component treated as having been made
10
1
Paragraph (2) applies where —
a
a person who —
i
does not have an award of mobility allowance, or
ii
does have an award of mobility allowance, but that award is due to expire before 6th April 1992,
makes a claim for mobility allowance or an application in writing is made in accordance with section 104(2) of the 1975 Act for a decision on a claim for mobility allowance relating to him to be reviewed or a question has been referred to a medical board or a case to a medical appeal tribunal in accordance with section B of Part IV of the Social Security (Adjudication) Regulations 1986 ;
b
the claim, application or reference is made after 2nd February 1992, or is made before 3rd February 1992 but has not been determined by that date; and
c
at the time the claim, application or reference is determined, the person to whom it relates has not made a claim for disability living allowance.
2
Where an adjudication officer is determining a claim or application such as is mentioned in paragraph (1) and he is satisfied that —
a
the person does not satisfy conditions for entitlement to mobility allowance, but
b
solely on the evidence before him, and apart from the requirement that the person makes a claim for disability living allowance in the manner and within the time prescribed, the person would as from 6th April 1992 or from such later date as the adjudication officer may in any particular case determine, satisfy those conditions of entitlement to the mobility component which qualify him for —
i
the lower, but not the higher rate of mobility component, or
ii
the higher rate of mobility component but only by virtue of being a person who falls within section 37ZC(3) of the 1975 Act (which relates to persons severely mentally impaired),
a claim for the mobility component only shall be treated as having been made on 3rd February 1992, and an adjudication officer shall determine it.
3
Where a claim, application or reference is being determined by a Board or Tribunal, and they are satisfied that —
a
the question before them be determined against the person claiming mobility allowance, but
b
solely on the evidence before them, the person may, as from 6th April 1992, or from such later date as they may in any particular case determine, satisfy the conditions of entitlement to mobility component specified in section 37ZC(1)(c) or (d),
they shall refer the case to an adjudication officer.
4
Where a case is referred to an adjudication officer in accordance with paragraph (3), a claim for mobility component shall be treated as having been made on 3rd February 1992, and the adjudication officer shall determine that claim.
PART IV
PROVISIONS COMMON TO PARTS II AND III
Separate awards of attendance allowance and mobility allowance
11
1
Where —
a
a person has an award of attendance allowance terminated or cancelled under Part II of these Regulations and an award of mobility allowance terminated or cancelled under regulation 7, and
b
awards of disability living allowance are treated as made in accordance with Parts II and III of these Regulations,
those awards shall be separate awards.
2
Where a person —
a
has an award of attendance allowance or mobility allowance, but not both for a period commencing before 6th April 1992;
b
in accordance with Parts II and III of these Regulations is treated as from 6th April 1992 as having one award of disability living allowance consisting of either the care component or the mobility component;
c
claims, or is treated as claiming, disability living allowance but only in respect of the component which is not the subject of the award mentioned in sub-paragraph (b) above; and
d
is awarded disability living allowance for that component on that claim for a period beginning on or after 6th April 1992, but before 5th April 1993,
the award so made shall be in addition to the award of disability living allowance treated as arising under Parts II and III of these Regulations.
Backdating of awards of disability living allowance
12
1
This regulation applies where —
a
a person claims or is treated as claiming attendance allowance or mobility allowance before 6th April 1992;
b
the decision on the claim is given after 2nd February 1992; and
c
the decision on the claim was that the person was not entitled to either of those benefits.
2
Where such a person submits a claim for disability living allowance within 3 months of the date the decision on the claim was notified to him, any award of disability living allowance arising from the later claim may, notwithstanding section 37ZE(1) of the 1975 Act, be for a period commencing on such earlier date (but not before 6th April 1992) as the authority determining the claim decide the person satisfied the appropriate conditions of entitlement thereto.
3
Notwithstanding section 37ZD(1) of the 1975 Act, a person who has attained the age of 65, but not the age of 66, on 6th April 1992, shall be entitled to disability living allowance where, in addition to satisfying the appropriate conditions of entitlement to that allowance, he made a claim for it within 3 months of the date on which he was so notified of the decision on the claim for attendance allowance or mobility allowance.
4
Any award made by virtue of paragraph (3) shall, notwithstanding section 37ZE(1) of the 1975 Act be for a period commencing on —
a
6th April 1992, or, if later,
b
the date he first satisfies the appropriate conditions of entitlement to disability living allowance (other than the need to make a claim for it).
5
In this regulation, the “claim” in the expression “decision on the claim” is the claim referred to in sub-paragraph (a) of paragraph (1) and the “decision” is the first decision given on that claim by an adjudicating authority after 2nd February 1992.
6
This regulation applies to an application made under section 104(2) or 106(1) of the 1975 Act for a review of a determination as it applies to a claim for benefit but as if the application was the claim and the decision was the decision given on that application.
Treatment of two awards of disability living allowance
13
1
Where a person has two awards of disability living allowance both of which are for periods which commence before 5th April 1993 and expire after 4th April 1993, then those awards shall both terminate immediately before 5th April 1993.
2
A person whose awards of disability living allowance have been terminated by virtue of paragraph (1) shall be treated, as from 5th April 1993, as having been granted one award of disability living allowance —
a
where both the awards terminated by virtue of paragraph (1) were for life, consisting of both components for life, payable at a weekly rate which is the aggregate of the appropriate weekly rate for each of those components;
b
where one of the awards terminated by virtue of paragraph (1) was for life and the other was for a fixed period, consisting of one component for life, corresponding to the component which was for life under the terminated award, and the other component for a fixed period ending on the day the award for the fixed period would have ended but for the termination of the award under paragraph (1), and payable at the weekly rate which is the aggregate of the appropriate weekly rate for each of the components from 5th April 1993 until the day the period of the fixed award ends, and thereafter at the weekly rate which is the appropriate weekly rate for the component awarded for life;
c
where both awards terminated by virtue of paragraph (1) were for fixed periods ending on different days, consisting of both components for a period ending on the earlier of those days payable at the weekly rate which is the aggregate of the appropriate weekly rate for each of those components;
d
where both awards terminated by virtue of paragraph (1) were for fixed periods ending on the same day, consisting of both components for a period ending on that day, payable at the weekly rate which is the aggregate of the appropriate weekly rate for each of those components.
3
In this regulation, the “appropriate weekly rate” in relation to either component of disability living allowance is the rate which corresponds to the rate payable for that component under any award terminated in accordance with paragraph (1).
4
An award of disability living allowance granted in accordance with this regulation shall continue for the period of the award only so long as the person to whom the award is treated as having been granted continues to satisfy —
a
conditions as to residence and presence prescribed under section 37ZA(6) of the 1975 Act, and
b
any other conditions of entitlement appropriate to that award specified in sections 37ZA to 37ZE of the 1975 Act.
Reviews
14
1
Where a person is treated as having been awarded disability living allowance under any of the preceding provisions of these Regulations, sections 100A(1), (2) and (4) and 104A(1) of the 1975 Act (reviews of decision given by the adjudication officer and the appellate authorities) shall have effect in his case as if the decision there mentioned was the decision which was referable to the award of disability living allowance.
2
For the purposes of this regulation, a decision is referable to an award of disability living allowance if —
a
it was a decision awarding attendance allowance or mobility allowance to such a person and the decision was terminated or cancelled in accordance with Part II or Part III of these Regulations and replaced by the person’s current award of disability living allowance, or was so terminated or cancelled and replaced by an award of disability living allowance which was itself terminated under regulation 13 and replaced by the person’s current award of disability living allowance; or
b
it was a decision awarding disability living allowance to such a person which was terminated in accordance with regulation 13 and replaced by the person’s current award of disability living allowance.
3
A decision is also referable to an award of disability living allowance where it was —
a
a decision of the Attendance Allowance Board on a matter reserved for the Board’s determination under section 105(3) of the 1975 Act and the decision to award attendance allowance mentioned in paragraph (2)(a) was dependant upon the Board’s decision; or
b
a decision of a medical board or a medical appeal tribunal on a medical question and the decision awarding mobility allowance mentioned in paragraph (2)(a) was dependant upon the board’s or, as the case may be, the tribunal’s decision.
4
In paragraph (3) “medical board” means 2 or more adjudicating medical practitioners appointed by the Secretary of State to act jointly in consideration of the medical question, and “medical question” has the meaning it bore in regulation 53 of the Social Security (Adjudication) Regulations 1986 on 3rd February 1992.
PART V
CLAIMS, PAYMENTS AND ADJUDICATION
Second tier adjudication
15
For the purposes of this Part of these Regulations, the expression “second tier adjudication” means adjudication by an adjudication officer; and for those purposes section 100D(I) of the 1975 Act (appeals following reviews) shall apply to any decision given by the adjudication officer as if it was a decision given by him on a review under section 100A(1) of that Act (review of a decision on any ground).
Claims for a single component of disability living allowance
16
1
Where a person —
a
had an award of attendance allowance or mobility allowance, but not both for a period commencing before 6th April 1992; and
b
in accordance with the above regulations is treated as from 6th April 1992 as having one award of disability living allowance at the weekly rate applicable in his case to either the care component or the mobility component,
he may submit a claim for a disability living allowance relating solely to that component to which he has no entitlement.
2
Any such claim made after 4th April 1993 shall be treated as an application for a review under section 100A(I) of the 1975 Act, if made within the period prescribed under that provision, or if not, under section 100A(2) of that Act, of an award of disability living allowance in force at the time the claim is made.
3
Subject to paragraph (4), an award of disability living allowance consisting of one component may be made by virtue of this regulation in addition to any award of disability living allowance consisting only of the other component which is treated as having been made to the claimant in accordance with the preceding provisions of these Regulations.
4
An award shall not be made in accordance with Paragraph (3) where the period of the award would commence after 4th April 1993.
5
Where a claim submitted in accordance with paragraph (1) is received in an office of the Department of Social Security or the Department of Employment before 5th April 1993, any award on that claim may, notwithstanding anything in section 37ZE(1) of the 1975 Act , commence on a date not earlier than 6th April 1992.
Claims in addition
17
1
This regulation applies in a case where an adjudicating authority in determining a person’s claim for, or application for a review of a decision relating to, disability living allowance is satisfied that the person satisfies the conditions of entitlement to the care component which qualify him for the highest or the middle of the three rates prescribed under section 37ZB(3) of the 1975 Act or to the mobility component which qualify him for the higher of the 2 rates prescribed under section 37ZC(10) of that Act or to both, and that the person is neither —
a
entitled to attendance allowance or mobility allowance or both, nor
b
awaiting a determination by an adjudicating authority on —
i
a claim made by him or on his behalf for one or both of those benefits, or
ii
an application for review, made in accordance with section 104(2) of the 1975 Act, of a decision relating to one or both of those benefits, or
iii
an appeal from a decision given on a claim or application for review of a decision relating to one or both of those benefits.
2
Subject to paragraphs (3) and (4), where in determining a person’s claim for, or application for a review of a decision relating to, disability living allowance in a case to which this regulation applies, an adjudicating authority is satisfied that the person —
a
in addition to satisfying the conditions of entitlement to the care component, also satisfied the conditions of entitlement to attendance allowance for a period before 6th April 1992; or
b
in addition to satisfying the conditions of entitlement to the mobility component, also satisfied conditions of entitlement to mobility allowance, for a period before 6th April 1992,
other than the condition that he makes a claim for the benefit in question in the manner and within the time prescribed in relation thereto, the authority shall treat the claim for disability living allowance, or in the case of an application for review of the decision relating to disability living allowance, the claim on which that decision was made, as a claim also for —
i
attendance allowance, where sub-paragraph (a) above is satisfied,
ii
mobility allowance, where sub-paragraph (b) above is satisfied,
iii
attendance allowance and mobility allowance, where sub-paragraph (a) and sub-paragraph (b) are satisfied,
and determine that claim accordingly.
3
Where a claim for disability living allowance is a claim for a single component in accordance with regulation 16 then paragraph (2) shall apply only where the adjudicating authority is satisfied the person fulfils or fulfilled the conditions of entitlement to —
a
attendance allowance, where the claim is for the care component, or
b
mobility allowance where the claim is for the mobility component.
4
Any award of mobility allowance or attendance allowance arising on a claim treated as made in accordance with paragraph (2) shall be for a period ending not later than 5th April 1992.
5
Where an adjudicating authority is satisfied that the person whose claim or application he is determining satisfies the conditions of entitlement to mobility allowance for a period before 6th April 1992, then he shall determine that claim or application as if in section 37ZC of the 1975 Act, paragraph (a) of subsection (9) was omitted.
Claim for disability living allowance treated as not having been made
18
1
Subject to the following provisions of this regulation, a claim for a disability living allowance shall be treated as not having been made where the person who made the claim, or on whose behalf the claim was made —
a
has an award of both attendance allowance and mobility allowance and each award is for a period due to expire after 5th April 1992, or
b
has an existing award of disability living allowance, consisting of both components, or
c
has two existing awards of disability living allowance, where one award consists of the care component and the other award consists of the mobility component, or
d
has an award of disability living allowance consisting of one component and has in addition submitted another claim for a single component of that benefit in accordance with regulation 16.
2
Paragraph (1) shall not apply where the claim for a disability living allowance is made in anticipation of the expiration of the award of attendance allowance or of mobility allowance or of disability living allowance.
Claims for attendance allowance or mobility allowance treated as not having been made
19
Where after 2nd February 1992 a person has made a claim for disability living allowance, then any claim made on that day or subsequent to that day for attendance allowance or mobility allowance shall be treated as not having been made.
Claim for disability living allowance where person has an award of attendance allowance or mobility allowance
20
1
Subject to paragraph (3) where a person —
a
has an award of attendance allowance, and
b
makes a claim for disability living allowance,
the claim for the care component shall be treated as not having been made.
2
Subject to paragraph (3) where a person —
a
has an award of mobility allowance, and
b
makes a claim for disability living allowance,
the claim for the mobility component shall be treated as not having been made.
3
Where the claim for disability living allowance is made in anticipation of the expiry of an award of attendance allowance or of mobility allowance, then paragraph (1) or, as the case may be, paragraph (2) shall not apply.
Claims for both old and new benefits outstanding
21
1
This regulation applies where —
a
a claim to either mobility allowance or attendance allowance, or both has been made by or on behalf of a person;
b
the claim or claims have not been determined by 3rd February 1992, or if it or they have been determined the decision given was that no award be made and an application for review of that decision or an appeal to an appeal tribunal from that decision awaits determination on or after 3rd February 1992; and
c
a claim for disability living allowance is made by the person mentioned in sub-paragraph (a) before the determination on the claim or, as the case may be, the application or appeal, is made.
2
Where the person mentioned in paragraph (1)(a) has claimed —
a
attendance allowance, but not mobility allowance, the claim for disability living allowance shall be treated, until the claim, application or appeal is determined, as a claim for mobility component only;
b
mobility allowance, but not attendance allowance, the claim for disability living allowance shall be treated, until the claim, application or appeal is determined, as a claim for care component only;
c
attendance allowance and mobility allowance, the claim for disability living allowance shall be treated, until the claims, applications or appeals in respect of both those benefits are determined, as not having been made.
3
When the claim, application or appeal is or both are determined and —
a
the person is awarded attendance allowance, then the claim for care component shall be treated as not having been made;
b
the person is awarded mobility allowance, then the claim for mobility component shall be treated as not having been made;
c
the person is awarded both attendance allowance and mobility allowance, then the claim for disability living allowance shall continue to be treated as not having been made;
d
no award is made, the claim for disability living allowance in so far as it has not been determined, shall then be referred to the adjudication officer for his determination.
Determination of claims for, or of applications for review of decisions relating to, attendance allowance
22
1
The Attendance Allowance Board shall not consider any question reserved for their determination under section 105(3) of the 1975 Act where the claim for, or application for a review of a decision relating to, attendance allowance was made after 15th March 1992, whether or not the person to whom the question refers has attained the age of 65.
2
In a case to which paragraph (1) applies, the adjudication officer shall determine the claim or application in accordance with the system of adjudication for attendance allowance introduced by the Act.
3
Any question referred for determination by the Attendance Allowance Board in accordance with section 105(3) or 106(1) of the 1975 Act which has not been determined by 5th April 1992, shall be determined as soon as reasonably practicable thereafter in accordance with paragraph (4).
4
For the purposes of paragraph (3), the question shall be determined —
a
except in a case to which sub-paragraph (b) applies, by the adjudication officer, or
b
where the application for review of a decision of the Attendance Allowance Board is made within 3 months of that decision being given, as a second tier adjudication.
5
For the purposes of this regulation, any application for a review of a decision which required the leave of the Attendance Allowance Board shall itself be treated as an application for review.
6
In determining any question in accordance with paragraph (4) any correspondence issuing from the Attendance Allowance Board indicating the matters which, in the Board’s opinion arise on a question before it, together with tlie submissions (if any) made by or on behalf of the claimant in response to that correspondence, may be taken into account by the adjudication officer as evidence relating to the question to be determined.
7
Where before 6th April 1992, the Board has issued a certificate in accordance with section 35(2) of the 1975 Act, but the adjudication officer has not determined the claim or as the case may be the application for review to which the certificate relates, then in determining that claim or application the adjudication officer shall treat the certificate —
a
if it specifies both the conditions mentioned in section 35(1)(a) and (b) of the 1975 Act, as evidence that the person satisfies or is likely to satisfy both the conditions mentioned in subsections (1)(a) and (1)(b) of section 35 throughout the period mentioned in the certificate; and
b
if it specifies one or other of them, but not both, as evidence of his falling within that subsection by virtue of having satisfied or being likely to satisfy one or other of those conditions throughout the period mentioned in the certificate.
8
Where the Board has before 6th April 1992 determined a question referred to them in accordance with section 105(3) of the 1975 Act and the decision is such that no award of attendance allowance could have been made on the basis of it, then in determining on or after 6th April 1992 any claim for, or application for review of a decision relating to attendance allowance to which the Board’s decision relates, the adjudication officer shall treat the decision of the Board, and any reasons given by the Board in support of their decision, as evidence that the person does not satisfy those requirements to which the decision relates.
9
For the purposes of the provisions of Part III of the 1975 Act in so far as they relate to the review of decisions of adjudication officers. any certificate issued by the former Attendance Allowance Board shall, after 5th April 1992 be treated as a decision of an adjudication officer and as such shall be subject to review on the same grounds and in the same circumstances as decisions of adjudication officers.
Appeals to Commissioners from decisions of the Attendance Allowance Board
23
1
This regulation applies where —
a
a person has appealed to the Commissioner against a determination of the Attendance Allowance Board under section 106(2) of the 1975 Act; and
b
the Commissioner determines the appeal on or after 16th March 1992.
2
Where the Commissioner holds that the Board’s decision was erroneous in point of law, he shall set it aside and —
a
he shall have the power —
i
to give the decision which he considers the Board should have given, if he can do so without making fresh or further findings of fact; or
ii
if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; or
b
in any other case he shall refer the case for second tier adjudication with directions for its determination.
3
Where in accordance with paragraph (2)(a) the Commissioner gives the decision himself, he shall refer that decision to the adjudication officer with directions to determine the claim or application for review from which the appeal to the Commissioner arose.
Persons claiming mobility allowance
24
1
In this regulation, the expression “medical question” has the meaning it bore in regulation 53 of the Social Security (Adjudication) Regulations 1986 on 3rd February 1992.
2
Any claim for mobility allowance made after 15th March 1992, or any application made after 9th February 1992 for a review of a decision relating to the medical question or otherwise to mobility allowance, shall be subject to adjudication in accordance with the provisions of the 1975 Act relating to disability living allowance, and the modification, additions and exclusions set out in Section B of Part IV of the Social Security (Adjudication) Regulations 1986 shall be disregarded.
3
Subject to the following provisions of this regulation, where a claim for, or an application for a review of a decision relating to, mobility allowance, other than a claim or application mentioned in paragraph (2), has not been determined as at 6th April 1992, then that claim or application shall as from that date be subject to adjudication in accordance with provisions in the 1975 Act relating to disability living allowance.
4
Where a medical question arose on a claim or question to which paragraph (3) refers, then, in determining that claim or question the adjudication officer —
a
shall have regard to any report received from the medical practitioner to whom the medical question has been referred;
b
if a report of a medical practitioner to whom the medical question has been referred has not been received by the adjudication officer may —
i
subject to sub-paragraph (ii) below, await the report and have regard to it before determining the claim or application, or
ii
where the report has not been received by the adjudication officer within 6 weeks of the question being referred to the medical practitioner, determine the claim without waiting for the report;
c
where the medical question has been determined by the medical board before 6th April 1992, shall have regard to any report made by the board on that question;
d
where the medical question has been referred to a medical board otherwise than on an appeal by the person claiming the allowance, but the board has not determined that question by 6th April 1992, shall consider the question as though —
i
the reference had not been made, and
ii
the provisions in section 115C of the 1975 Act (references of claims to medical practitioners and the Disability Living Allowance Advisory Board) relating to disability living allowance applied also to the medical question;
e
where the medical question was referred to the medical board following an appeal by the person claiming the allowance but the board has not determined that question by 6th April 1992, shall consider the question as though —
i
it was an application for a review under section 100A(1) of the 1975 Act (reviews of decisions by adjudication officers) of the decision appealed against, and
ii
the provisions in section 115C of the 1975 Act relating to disability living allowance applied also to the medical question;
f
where the medical question has been referred to a medical appeal tribunal, shall be bound by any decision given by the Tribunal on the matters to which it relates.
5
No reference on a medical question to a medical board shall be made by an adjudication officer after 9th February 1992.
6
Any medical question which would but for paragraph (5) have been referred to a medical board shall be subject to adjudication in accordance with the provisions of the 1975 Act relating to disability living allowance, and for this purpose the medical question shall be determined as though it was a second tier adjudication.
7
Any appeal on a medical question from a decision of a medical board which is made on or after 10th February 1992 shall be subject to adjudication in accordance with the provisions of the 1975 Act relating to disability living allowance and the provisions of Section B of Part IV of the Social Security (Adjudication) Regulations 1986 shall be disregarded.
8
Section 100D(1) of the 1975 Act shall apply to the appeal mentioned in paragraph (7) as if the decision appealed against was the decision of an adjudication officer given on review under section 100A(1) of the 1975 Act and the appeal shall be to a disability appeal tribunal.
9
Any medical question referred to a medical appeal tribunal which has not been determined by 6th April 1992 shall —
a
where the person to whom the question relates so consents, continue to be heard by the medical appeal tribunal, or
b
where he does not consent, be subject to adjudication in accordance with the provisions of the 1975 Act relating to disability living allowance, and for this purpose, the medical question shall be determined by a disability appeal tribunal and not by a medical appeal tribunal.
10
Where a disability appeal tribunal is determining, pursuant to paragraph (9), a medical question which was considered by a medical appeal tribunal but adjourned with a request for further information or a report, then the disability appeal tribunal shall await the submission of that information or report but not for more than 3 months from the date the information or report was requested, and shall if it is available take it into account in determining the question before them.
11
Any decision of an adjudication officer, a medical board or a medical appeal tribunal on a medical question may be reviewed at any time by an adjudication officer if —
a
he is satisfied, in the case of a decision of a medical appeal tribunal by fresh evidence, that the decision was given in ignorance of, or was based upon a mistake as to, a material fact; or
b
there has been a relevant change of circumstances since the decision was given.
12
Subsections (3), (4) and (6) to (9) of section 104A of the 1975 Act shall apply to reviews under paragraph (11) as they apply to reviews under that section.
13
Section 112 of the 1975 Act (appeal on a question of law to the Commissioner) shall have effect in relation to a decision of a medical appeal tribunal on a medical question subject to the modifications that in subsection (6) for the words “a medical appeal tribunal” there were substituted the words “an adjudication officer” and as though subsection (7) were omitted .
14
Where the Commissioner returns a question to an adjudication officer pursuant to paragraph (11), section 100D(1) of the 1975 Act (appeals following reviews) shall apply to the decision of the adjudication officer on that question as if it were a decision given by him on a review under section 100A(1) of that Act (review of a decision on any ground).
Reference to an adjudication officer
25
1
This regulation applies where, on or after 3rd February 1992 a disability appeal tribunal are determining an appeal which relates to a claim for attendance allowance or a disability appeal tribunal or a medical appeal tribunal are determining an appeal which relates to a claim for mobility allowance.
2
Where an appeal tribunal are unable to make an award of the benefit claimed, but, solely on the evidence before them they are satisfied that the claimant may qualify for —
a
where the claim relates to attendance allowance, the lowest of the three rates of care component prescribed under section 37ZB(3) of the 1975 Act; or
b
where the claim relates to mobility allowance —
i
the lower of the two rates of mobility component prescribed under section 37ZC(6) of the 1975 Act, or
ii
the higher rate of the two rates of mobility component because he may fall within section 37ZC(1)(c) of the 1975 Act (entitlement to mobility component for the severely mentally impaired),
the appeal tribunal may refer to an adjudication officer the question of his entitlement to disability living allowance.
3
Where an adjudication officer has a question referred to him in accordance with paragraph (2), he shall treat —
a
the claim for attendance allowance as being also a claim for disability living allowance relating solely to the care component, or
b
the claim for mobility allowance as being also a claim for disability living allowance relating solely to the mobility component,
made on the 3rd February 1992 and proceed to determine that claim in accordance with section 99 of the 1975 Act.
4
An award made in accordance with paragraph (3) may be for a period commencing on 6th April 1992 or on such later date as the adjudication officer may, in the circumstances of the particular case, determine.
Payments of disability living allowance
26
1
This regulation applies to the payment of awards of disability living allowance where the award arises in accordance with Parts II or III of these Regulations.
2
Subject to paragraphs (3), (4) and (5), where a person has an award of attendance allowance, mobility allowance or disability living allowance which —
a
is payable by direct credit transfer in accordance with regulation 21 of the Social Security (Claims and Payments) Regulations 1987 , and
b
is superseded by an award treated as made under Parts II or III of these Regulations,
the award mentioned in sub-paragraph (b) above shall continue to be paid by direct credit transfer into the same bank or other account as the award it superseded; and for this purpose, any application made or treated as made and any consent given or treated as given in relation to the terminated award shall be treated as made or given in relation to the award mentioned in sub-paragraph (b) above.
3
Where a person — —
a
has two awards of disability living allowance, and
b
those awards are paid separately but into the same account by direct credit transfer in accordance with regulation 21 of the Social Security (Claims and Payments) Regulations 1987,
then those payments may at any time before 6th April 1993 be combined into one payment, equal to the aggregate of the two payments, payable by direct credit transfer into that account.
4
Where a person has two awards of disability living allowance paid by direct credit transfer in accordance with regulation 21 of the Social Security (Claims and Payments) Regulations 1987 into different accounts, those payments may, with the consent of the Secretary of State, be made into such one account as the person to whom the payments are made may specify in a notice in writing to the Secretary of State.
5
For the purposes of paragraph (3) any application made or treated as made and any consent given or treated as given in relation to a terminated or cancelled award shall be treated as made or given in relation to the award treated as having been made by virtue of these Regulations.
6
Where a person has an award of disability living allowance which is payable by direct credit transfer in accordance with regulation 21 of the Social Security (Claims and Payments) Regulations 1987, any further award of disability living allowance made to that person shall be paid by direct credit transfer into the same bank or other account as the award first mentioned; and any application made or treated as made and any consent given or treated as given in relation to the first mentioned award shall he treated as made or given also in relation to the further award.
7
Subject to the following provisions of this regulation, where attendance allowance was payable to a person otherwise than by direct credit transfer, any disability living allowance arising in accordance with Part II of these Regulations shall be payable on the day of the week the attendance allowance was or would have been payable.
8
Subject to paragraph (9), where mobility allowance was payable to a person otherwise than by direct credit transfer, any disability living allowance arising in accordance with regulation 8 shall be payable on a Wednesday.
9
Where both attendance allowance and mobility allowance were payable to a person otherwise than by direct credit transfer, any disability living allowance payable in accordance with an award treated as made by virtue of these Regulations shall be payable —
a
from such date before 6th April 1993 as the Secretary of State may in any particular case determine —
i
except in a case to which head (ii) below applies, on a Wednesday; or
ii
where in any particular case payment of attendance allowance was combined with the payment of another benefit and that benefit was payable on a day of the week other than Wednesday, the care component shall be payable on that day and the mobility component shall be payable on a Wednesday;
b
until that day, care component shall be payable in the manner and at the time when attendance allowance was payable and mobility component shall likewise be payable in the manner and at the time when mobility allowance was payable.
10
Where attendance allowance was payable to a person otherwise than by direct credit transfer and an award of mobility component is made to that person, any award of disability living allowance treated as having been made by virtue of these Regulations shall be payable, from such date before 6th April 1993 as the Secretary of State may in any particular case determine —
a
except in a case to which sub-paragraph (b) applies, on a Wednesday; or
b
where in any particular case the payment of attendance allowance was combined with the payment of another benefit and that benefit was payable on a day of the week other than Wednesday, the care component shall be payable on that day and the mobility component shall be payable on a Wednesday.
11
Where in accordance with this regulation payment of a person’s award of disability living allowance is changed to a Wednesday, and because of this change in pay day the interval between the first Wednesday pay day and the last previous pay day (referred to in this paragraph as “the relevant period”) is greater than it would have been but for that change, then the first Wednesday payment of disability living allowance shall include by way of adjustment an additional payment which is equal to the daily rate for the benefit or part of a benefit which is subject to that change, multiplied by a number determined by deducting from the number of days in the relevant period, the number of days which would have been in that period but for the change in pay days.
12
Where before 6th April 1992 a person has an award of attendance allowance and of mobility allowance and —
a
those awards are paid in a different manner, and
b
both awards are terminated or cancelled in accordance with Parts II and III of these Regulations,
then as from 6th April 1992 the awards of disability living allowance shall be paid in accordance with paragraph (13).
13
In cases to which this paragraph refers, disability living allowance shall be paid —
a
from such date before 5th April 1993 as the Secretary of State may in any particular case determine —
i
on the day, for the period and in the manner specified in an election made by that person and approved by the Secretary of State, or
ii
where no such election is made within 4 weeks of a form of election being posted to that person, on a Wednesday by means of a benefit order book.
b
until that date, on such days, at such intervals and in such manner as the former awards of attendance allowance and mobility allowance were paid.
14
Where a person who has not attained the age of 65 on 6th April 1992 —
a
has claimed attendance allowance or disability living allowance and pursuant to that claim an award of attendance allowance was made after 2nd February 1992, or
b
has applied for a review of a decision of the Attendance Allowance Board or the adjudication officer not to award attendance allowance and pursuant to that application an award of attendance allowance is made after 2nd February 1992,
and that award is for a period commencing before 6th April 1992, both the attendance allowance and any disability living allowance granted in place of the award of attendance allowance shall be payable at four weekly intervals on a Wednesday, unless in any particular case the Secretary of State arranges otherwise.
15
For the purpose of paragraph (11), the “daily rate” is an amount equal to one-seventh of the weekly rate, rounded up to the next 1p.
Persons unable to act
27
1
Subject to the following provisions of this regulation a person who before regulation 3(2) came into force was entitled to attendance allowance in respect of a child shall, after 5th April 1992 be regarded for the purposes of regulation 43 of the Claims and Payments Regulations as the person appointed on behalf of that child.
2
An appointment having effect in accordance with paragraph (1) may be terminated when the child attains the age of 16 or ceases to be entitled to disability living allowance, or in accordance with regulation 43 of the Claims and Payments Regulations.
3
Where on 5th April 1992 a person holds an appointment in respect of a child under regulation 43 of the Claims and Payments Regulations (mobility allowance) and that person is different from the person mentioned in paragraph (1) as being entitled to an attendance allowance in respect of that same child, then that appointment shall terminate on 6th April 1992 and the Secretary of State shall make a new appointment under regulation 43 of the Claims and Payments Regulations to take effect on that day.
4
The day specified in this regulation is the day that both payments of disability living allowance are combined into one payment pursuant to regulation 26.
5
In this regulation, the “Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 .
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
18th December 1991