Statement by the Delegation of Armenia on the use of force by Azerbaijan to deny the people of Nagorno-Karabakh the right to self-determination
The following paragraph shall be inserted after subsection (1)(c) of section 34 (descriptions of non-contributory benefits) of the Social Security Act 1975 (“the 1975 Act”)—.
The following sections shall be inserted after section 37 of that Act—.
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The Attendance Allowance Board is dissolved.
Section 37A of the 1975 Act (mobility allowance) is repealed.
There shall be a body, to be known as the Disability Living Allowance Advisory Board (and in this Act referred to as “the Board”).
Regulations shall confer on the Board such functions relating to disability living allowance or attendance allowance as the Secretary of State thinks fit and shall make provision for—
the Board’s constitution;
the qualifications of its members;
the method of their appointment;
the term of office and other terms of appointment of its members;
their removal.
Regulations may also make provision—
enabling the Board to appoint persons as advisers to it on matters on which in its opinion they are specially qualified;
for the appointment of officers and servants of the Board;
enabling the Board to act notwithstanding any vacancy among its members;
enabling the Board to make rules for regulating its procedure (including its quorum).
The expenses of the Board to such an amount as may be approved by the Treasury shall be paid by the Secretary of State out of money provided by Parliament.
There may be paid as part of the expenses of the Board— as the Secretary of State may with the consent of the Treasury determine.
to all or any of the members of the Board, such salaries or other remuneration and travelling and other allowances;
to advisers to the Board, such fees; and
to such other persons as may be specified in regulations such travelling and other allowances (including compensation for loss of remunerative time),
The Secretary of State may furnish the Board with such information as he considers that it may need to enable it to discharge its functions.
Regulations under this section may make such incidental, supplementary, consequential or transitional provision as appears to the Secretary of State to be expedient for the purposes of the regulations.
In this section “regulations” means regulations made by the Secretary of State by statutory instrument.
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The further amendments specified in Schedule 2 to this Act shall be made.
The Secretary of State may make such regulations as appear to him necessary or expedient in relation to the substitution of disability living allowance for attendance allowance and mobility allowance and the dissolution of the Attendance Allowance Board.
Without prejudice to the generality of this section, regulations under this section—
may provide for the termination or cancellation of awards of attendance allowance and awards of mobility allowance;
may direct that a person whose award of either allowance has been terminated or cancelled by virtue of the regulations or who is a child of such a person shall by virtue of the regulations be treated as having been awarded one or more disability living allowances;
may direct that a disability living allowance so treated as having been awarded shall consist of such component as the regulations may specify or, if the regulations so specify, of both components, and as having been awarded either component at such weekly rate and for such period as the regulations may specify;
may provide for the termination in specified circumstances of an award of disability living allowance;
may direct that in specified circumstances a person whose award of disability living allowance has been terminated by virtue of the regulations shall by virtue of the regulations be treated as having been granted a further award of a disability living allowance consisting of such component as the regulations may specify or, if the regulations so specify, of both components, and as having been awarded on the further award either component at such weekly rate and for such period as the regulations may specify;
may provide for the review of awards made by virtue of paragraph (b) or (e) above and for the treatment of claims for disability living allowance in respect of beneficiaries with such awards;
may direct that for specified purposes certificates issued by the Attendance Allowance Board shall be treated as evidence of such matters as may be specified in the regulations;
may direct that for specified purposes the replacement of attendance allowance and mobility allowance by disability living allowance shall be disregarded;
may direct that a claim for attendance allowance or mobility allowance shall be treated in specified circumstances and for specified purposes as a claim for disability living allowance or that a claim for disability living allowance shall be treated in specified circumstances and for specified purposes as a claim for attendance allowance or mobility allowance or both;
may direct that in specified circumstances and for specified purposes a claim for a disability living allowance shall be treated as having been made when no such claim was in fact made;
may direct that in specified circumstances a claim for attendance allowance, mobility allowance or disability living allowance shall be treated as not having been made;
may direct that in specified circumstances where a person claims attendance allowance or mobility allowance or both, and also claims disability living allowance, his claims may be treated as a single claim for such allowances for such periods as the regulations may specify;
may direct that cases relating to mobility allowance shall be subject to adjudication in accordance with the provisions of the 1975 Act relating to disability living allowance; and
may direct that, at a time before the Attendance Allowance Board is dissolved, in specified circumstances cases relating to attendance allowance shall be subject to adjudication under the system of adjudication for such cases introduced by this Act.
Regulations under this section may provide that any provision of the 1975 Act which relates to disability living allowance, attendance allowance or mobility allowance, so far as it so relates, and any provision of Part VI of the 1986 Act which is relevant to disability living allowance, attendance allowance or mobility allowance—
shall have effect subject to modifications, additions or amendments; or
shall not have effect.
Subsections (1), (2) and (3A) of section 166 of the 1975 Act shall apply in relation to the power conferred by this section to make regulations as they apply in relation to any power conferred by that Act to make regulations, but as if for references to that Act there were substituted references to this section.
Section 20 (income-related benefits) of the Social Security Act 1986 (“the 1986 Act”) shall be amended as follows.
The following paragraph shall be inserted after subsection (1)(b)—.
In subsection (2) for the words “or (b)” there shall be substituted the words “, (b) or (bb)”.
The following subsections shall be inserted after subsection (6)—.
In the application of subsection (6B) of section 20 to claims made or treated as made before the first day in respect of which disability living allowance is payable paragraph (b) of that subsection shall have effect as if the following sub-paragraph were substituted for sub-paragraph (ii)—.
In subsection (11)—
“industrial injuries scheme” means a scheme made under section 159 of the Social Security Act 1975 or under the Industrial Injuries and Diseases (Old Cases) Act 1975;
“war pension scheme” means a scheme under which war pensions (as defined in section 25 of the Social Security Act 1989) are provided;
The following paragraph shall be inserted after subsection (12)(f)—.
The following subsections shall be inserted after subsection (3) of section 21 of the 1986 Act (amount of income-related benefits)—.
The following paragraph shall be inserted after subsection (6)(a) of that section—.
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The further amendments specified in Schedule 3 to this Act shall have effect.
In subsection (5)(b) of section 20 of the 1986 Act after the words “remunerative work” there shall be inserted the words—.
In subsection (10)(b) of that section after the words “income support” there shall be inserted the words “or a disability working allowance”.
The following subsections shall be inserted after subsection (5) of section 15 of the 1975 Act (invalidity pension)—.
The following subsection shall be inserted after subsection (6B) of section 36 of that Act (severe disablement allowance)—.
The following section shall be inserted after section 16 of the Social Security Pensions Act 1975—.
In Schedule 20 to the 1975 Act, at the end of the definition of “week” there shall be added the words “and except in relation to disability working allowance”.
Where—
a person becomes entitled to an invalidity pension or a severe disablement allowance by virtue of section 15(5A) or 36(6C) of the 1975 Act or section 16A of the Social Security Pensions Act 1975; and
when he was last entitled to that pension or allowance, it was increased in respect of a dependant by virtue of— for the purpose of determining whether his pension or allowance should be increased by virtue of that regulation for any period beginning with the day on which he again becomes entitled to his pension or allowance, the increase in respect of that dependant shall be treated as having been payable to him on each day between the last day on which his pension or allowance was previously payable and the day on which he again becomes entitled to it.
regulation 8(6) of the Social Security Benefit (Dependency) Regulations 1977;
regulation 2 of the Social Security (Savings for Existing Beneficiaries) Regulations 1984;
regulation 3 of the Social Security Benefit (Dependency) Amendment Regulations 1984; or
regulation 4 of the Social Security Benefit (Dependency and Computation of Earnings) Amendment Regulations 1989,
The enactments mentioned in Schedule 4 to this Act are repealed to the extent specified in the third column of that Schedule.
The Secretary of State may by regulations make— as he considers necessary or expedient in preparation for or in connection with the coming into force of any provision of this Act or the operation of any enactment repealed or amended by any such provision during any period when the repeal or amendment is not wholly in force.
such consequential provision; or
such savings,
Subsections (1), (2) and (3A) of section 166 of the 1975 Act shall apply in relation to the power conferred by this section to make regulations as they apply in relation to any power conferred by that Act to make regulations, but as if for references to that Act there were substituted references to this section.
A statutory instrument containing (whether alone or with other provisions)— shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
regulations under Chapter II of Part II of the 1975 Act which relate to disability living allowance and are made before the first day in respect of which disability living allowance is payable;
regulations under sections 100A to 100D or section 104A of that Act which relate to attendance allowance or disability living allowance and are made before that day;
regulations under Part II of the 1986 Act or under sections 100A to 100D or section 104A of the 1975 Act which relate to disability working allowance and are made before the first day in respect of which disability working allowance is payable;
the first regulations made under section 3 above; and
the first regulations made under section 5 above,
A statutory instrument— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
which contains (whether alone or with other provisions) any regulations under this Act; and
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
If the Treasury so direct, regulations under this Act shall be made only in conjunction with them.
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
any increase attributable to the introduction of disability living allowance and the establishment of disability appeal tribunals in the administrative expenses of the Secretary of State or other government department in carrying the 1975 Act into effect which are payable out of money so provided; and
any increase attributable to the introduction of disability working allowance in the expenses of the Secretary of State attributable to the 1986 Act which are so payable.
This Act may be cited as the Disability Living Allowance and Disability Working Allowance Act 1991, and this Act shall be included among the Acts which may be cited together as the Social Security Acts 1975 to 1991.
Apart from the provisions specified in subsection (3) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different provisions of this Act or for different purposes of the same provision.
The provisions referred to in subsection (2) above are sections 12, 13, 14 and this section.
The following provisions of this Act extend to Northern Ireland— section 4, so far as it relates to paragraphs 2, 6 and 7, 9, 11, 13 and 14, 18, 20 and 21 of Schedule 2; section 5; section 7, so far as it relates to paragraph 11 of Schedule 3; section 10, so far as it relates to the repeals in Schedule 1 to the House of Commons Disqualification Act 1975 and Schedule 5 to the Value Added Tax Act 1983; section 11; section 12; section 13; section 14; and this section.
Except as provided by this section, this Act does not extend to Northern Ireland.
Clause 13 provides that an Order in Council under the Northern Ireland Act 1974 only for purposes corresponding to those of the Bill will be subject to negative resolution procedure.
Clause 14 provides for administrative expenses attributable to the introduction of disability living allowance and disability working allowance to be met out of Votes.
Clause 15 provides for the Bill’s short title, commencement and extent.
Clause 3 establishes a Disability Living Allowance Advisory Board, provides for the Board’s functions, constitution, etc. to be specified in regulations and provides for its expenses to be met by the Secretary of State.
The 1975 Act shall be amended as follows.
In section 98(1)—
at the beginning there shall be inserted the words “ Subject to section 115C(1) below, ”; and
for “104” there shall be substituted “ 104A ”.
In subsection (1) of section 99, after the words “section 98” there shall be inserted the words “ (other than a claim which under section 100A(11) or (12) or 104A(5) falls to be treated as an application for a review) ”. In subsection (2) of that section, after the word “questions),” there shall be inserted the words “ and subject also to subsection (2A) below, ”. The following subsection shall be inserted after that subsection—.
In section 100—
in subsection (1), after the word “question” there shall be inserted the words “ other than a claim or question relating to an attendance allowance or a disability living allowance, ”;
in subsection (2), after the word “decision” there shall be inserted the words “ falling within subsection (1) above ”; and
in subsection (7), after the word “amount” there shall be inserted the words “ of benefit (other than an attendance allowance or a disability living allowance) ”.
The following sections shall be inserted after that section—.
In section 101—
in subsection (1), after the words “social security appeal tribunal” there shall be inserted the words “ or disability appeal tribunal ”; and
the words “of a social security appeal tribunal” shall be omitted from subsection (5A)(a).
In section 102(1)— The following subsection shall be added after subsection (2)—.
The words “ (other than a decision relating to an attendance allowance or a disability living allowance) ” shall be inserted in section 104—
in subsection (1), after the words “a Commissioner”; and
in subsection (1A), after the words “adjudication officer”, in the first place where they occur.
The following section shall be inserted after that section—.
In section 115(2) after the words “social security appeal tribunal,” there shall be inserted the words “ a disability appeal tribunal, ”.
The following paragraph shall be inserted after section 115A(2)(d)—.
The following paragraph shall be inserted after section 115B(2)(c)—.
The following sections shall be inserted after section 115B—.
On the day when this paragraph comes into force, and by virtue of its operation—
the President of social security appeal tribunals and medical appeal tribunals shall become President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals;
each regional chairman of social security appeal tribunals and medical appeal tribunals shall become regional chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals; and
each other full-time chairman of social security appeal tribunals and medical appeal tribunals shall become full-time chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals.
The following shall be substituted for paragraph 1A(1) of Schedule 10 to the 1975 Act and the heading immediately preceding it—.
The following Schedule shall be inserted after that Schedule—.
In paragraph 7A of Schedule 13 (procedure regulations) after the words “social security appeal tribunal” there shall be inserted the words “ , a disability appeal tribunal ”.
The following paragraph shall be inserted after section 135(2)(c)—.
In section 165A(3) for the words from “for an attendance” to “of another” there shall be substituted the words “ on behalf of another for an attendance allowance by virtue of section 35(2B) above or for a disability living allowance by virtue of section 37ZB(5) or 37ZC(12) above ”.
In Schedule 20, in the definition of President for the words “and medical appeal tribunals” there shall be substituted the words “ , medical appeal tribunals and disability appeal tribunals ”.
Section 4.
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in the first place where they occur, the words “disability living allowance by virtue of entitlement to the mobility component at the higher rate or”; and
in the second place, the words “disability living allowance by virtue of such entitlement or of”.
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in paragraph (a), after the words “a social security appeal tribunal” there shall be inserted the words “, a disability appeal tribunal”; and
in paragraph (b), after the words “the Supplementary Benefits Commission,” there shall be inserted the words “the Attendance Allowance Board,”.
In the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), there shall be inserted, at the appropriate places in alphabetical order,— “ The Disability Living Allowance Advisory Board ”.
In the House of Commons Disqualification Act 1975, in Part III of Schedule 1 (other disqualifying offices) in— for the words “and Medical Appeal Tribunals” there shall be substituted the words “ , Medical Appeal Tribunals and Disability Appeal Tribunals ”.
the entry beginning “A member of a panel appointed under section 7 of the Tribunals and Inquiries Act 1971”;
the entry beginning “A regional or other full-time Chairman”; and
the entry for the President of Social Security Appeal Tribunals and Medical Appeal Tribunals,
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In section 70(2)(a) of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts) after sub-paragraph (i) there shall be inserted—.
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In section 74(4) of the Inheritance Tax Act 1984 (disabled persons for purposes of provisions about pre-1981 trusts for disabled persons) after paragraph (b) there shall be inserted, or . In section 89(4) of that Act (disabled persons for purposes of provisions about other trusts for disabled persons) after paragraph (b) there shall be inserted, or .
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in section 52(3) of the 1986 Act (adjudication as to income-related benefits) after the words “benefit under that Act”; and
at the end of paragraph 4(1) of Schedule 7 to that Act (adjudication as to certain former benefits).
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the following paragraph shall be inserted after subsection (1)(a)— and
in subsection (3)(b), after “or (iv),” there shall be inserted “(aa),”.
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in the entry relating to adjudicating bodies, after the words “a social security appeal tribunal;” there shall be inserted—;
the following entry shall be inserted after the entry relating to adjudicating bodies—; and
in the entry relating to former statutory bodies and officers after the words “National Assistance Board” there shall be inserted—.
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In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc barred from legal practice) the following entry shall be substituted for the entry beginning “President of Social Security Appeal Tribunals”— “ President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals or regional or other full-time chairman of such tribunals ”.
Section 7.
The 1986 Act shall be amended as follows.
The following paragraph shall be inserted after section 51(2)(d)—.
The following subsection shall be inserted after section 52(3)—. In subsection (4) of that section— The following subsections shall be added at the end of that section—.
The following paragraph shall be inserted after section 53(10)(d)—.
In section 63—
in subsection (1)(i) after the words “section 21(6)(a)” there shall be inserted the words “ or (aa) ”; and
the following sub-paragraph shall be inserted after subsection (13)(b)(ii)—.
In section 65(4) after the words “family credit” there shall be inserted the words “ , disability working allowance ”.
In section 79(3) after the words “family credit” there shall be inserted the words “ and disability working allowance ”.
In section 85—
the following sub-paragraph shall be inserted after subsection (1)(a)(ii)—; and
in subsection (9) after the words “family credit,” there shall be inserted the words “ disability working allowance, ”.
In section 45(1A) of the Child Care Act 1980 (no liability to contribute to maintenance) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”.
In section 70(2)(b) of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”.
In section 617(2)(a) of the Income and Corporation Taxes Act 1988 (treatment of social security benefits and contributions for tax purposes) after the words “family credit” there shall be inserted the words “ , disability working allowance ”.
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In section 17(9) of the Children Act 1989 (no repayment of assistance) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”.
In section 29(3) of that Act (no recoupment of costs) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”.
In paragraph 21(4) of Part III of Schedule 2 to that Act (no liability to contribute to maintenance) for the words “or family credit” there shall be substituted the words “ , family credit or disability working allowance ”.
Section 10. Chapter Short title Extent of repeal 1975 c. 14. Social Security Act 1975. Section 34(1)(cc).In section 35—in subsection (2), the words from “that specified” to “as being”;in subsection (2B)(a)(i), the words “the date determined under section 105 or 106 below as”;subsection (4)(b) and the word “and” immediately preceding it;subsection (5); andin subsection (6)(b), the words from “or to young” to the end.Section 37A.In section 101(5A), the words “of a social security appeal tribunal”.Sections 105 and 106.Section 115A(2)(f).Section 115B(2)(e).Section 135(2)(cc).Section 140.In section 165D(4), in paragraph (a) of the definition of “adjudicating authority”, the words “the Attendance Allowance Board,”.In Schedule 4, in Part III, paragraph 3A.Schedule 11.In Schedule 16, in Part II, paragraph 7. 1975 c. 24. House of Commons Disqualification Act 1975. In Schedule 1, in Part II, the entry relating to the Attendance Allowance Board. 1975 c. 60. Social Security Pensions Act 1975. Section 22.In Schedule 4, paragraphs 47 and 52. 1977 c. 49. National Health Service Act 1977. In Schedule 15, paragraph 64. 1978 c. 29. National Health Service (Scotland) Act 1978. In Schedule 16, paragraph 40. 1979 c. 18. Social Security Act 1979. Section 2(4).Section 3. 1982 c. 49. Transport Act 1982. Section 70(2)(a)(ii). 1983 c. 55. Value Added Tax Act 1983. In Schedule 5, in the seventh note to Group 14, the words “section 37A of the Social Security Act 1975 or”. 1986 c. 50. Social Security Act 1986. Sections 71 and 72.In Schedule 5, paragraph 11. 1988 c. 7. Social Security Act 1988. In section 1(2), in paragraph (a), the words from “by” to “that Act”, in paragraph (b), the words “by the Board or by such a delegate”, in paragraph (c), the words from “by the Board” to “1975” and the word “and”, and paragraph (d). 1989 c. 24. Social Security Act 1989. Section 8.In Schedule 2, in Part I, paragraph (b) of the entry relating to adjudicating bodies.In Schedule 3, paragraph 8.In Schedule 7, paragraph 14. 1990 c. 27. Social Security Act 1990. Section 1(3), (4) and (5).
The provisional assessment is that there will be a requirement for a net increase of about 900 permanent staff in the Department of Social Security as a result of introducing disability living allowance and a further 200 staff as a result of introducing disability working allowance.