Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Disability living allowance
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The Attendance Allowance Board is dissolved.
Section 37A of the 1975 Act (mobility allowance) is repealed.
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The further amendments specified in Schedule 2 to this Act shall be made.
Disability working allowance
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The further amendments specified in Schedule 3 to this Act shall have effect.
General
The enactments mentioned in Schedule 4 to this Act are repealed to the extent specified in the third column of that Schedule.
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 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.
Adjudication
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—.
Reviews and appeals
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)—
after the words “social security appeal tribunal” there shall be inserted the words “ , a disability appeal tribunal ”; and
for the word “or”, in the second place where it occurs, there shall be substituted the words “ , subject to subsection (3) below, or the ”.
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—.
Disability appeal tribunals
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 ”.
Financial arrangements
The following paragraph shall be inserted after section 135(2)(c)—.
Making of claim condition of entitlement
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 ”.
Interpretation
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 ”.
Disability Living Allowance and Attendance Allowance: Amendments
Vehicles (Excise) Act 1971 (c. 10)
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Tribunals and Inquiries Act 1971 (c. 62)
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The 1975 Act
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House of Commons Disqualification Act 1975 (c. 24)
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
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 ”.
House of Commons Disqualification Act 1975
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,
Social Security (Miscellaneous Provisions) Act 1977 (c. 5)
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Capital Gains Tax Act 1979 (c. 14)
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Social Security Act 1980 (c. 30)
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Transport Act 1982 (c. 49)
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—.
Value Added Tax Act 1983 (c. 55)
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Inheritance Tax Act 1984 (c. 51)
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.
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.
The 1986 Act
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Income and Corporation Taxes Act 1988 (c. 1)
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Social Security Act 1989 (c. 24)
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Capital Allowances Act 1990 (c. 1)
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Courts and Legal Services Act 1990 (c. 41)
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 ”.
Disability Working Allowance: Amendments
Administration
The 1986 Act shall be amended as follows.
The following paragraph shall be inserted after section 51(2)(d)—.
Adjudication
The following subsection shall be inserted after section 52(3)—.
In subsection (4) of that section—
after the words “virtue of subsection (3)” there shall be inserted the words “ or (3A) ”; and
at the end there shall be added the words “ or in relation to disability working allowance ”.
The following subsections shall be added at the end of that section—.
Overpayments
The following paragraph shall be inserted after section 53(10)(d)—.
Annual up-rating of benefits
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)—.
Reciprocal arrangements
In section 65(4) after the words “family credit” there shall be inserted the words “ , disability working allowance ”.
Crown employment
In section 79(3) after the words “family credit” there shall be inserted the words “ and disability working allowance ”.
Financial provision
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, ”.
Amendments of Other Acts
Child Care Act 1980 (c.5)
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 ”.
Transport Act 1982 (c.49)
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 ”.
Income and Corporation Taxes Act 1988 (c.1)
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 ”.
Education Reform Act 1988 (c.40)
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Children Act 1989 (c.41)
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 ”.
Repeals