The Social Security (Severe Disablement Allowance (Amendment) and Local Councillors Consequential) Regulations 1989

• Citation: S.I. 1989/1687
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Severe Disablement Allowance (Amendment) and Local Councillors Consequential) Regulations 1989 and shall come into force on 9th October 1989.

(2) In these Regulations–

“ councillor ” and “ councillor's allowance ” have the same meanings as they have in paragraph 2(6) of Schedule 8 to the Social Security Act 1989; and

“ the Severe Disablement Allowance Regulations ” means the Social Security (Severe Disablement Allowance) Regulations 1984 .

Section 2 Amendment of The Severe Disablement Allowance Regulations

(1) The Severe Disablement Allowance Regulations shall be amended in accordance with the following provisions of this regulation.

(2) After paragraph 1 of regulation 2 (interpretation) there shall be added the following paragraph–

(1A) In these Regulations, “ councillor ” and “ councillor's allowance ” have the same meanings as they have in paragraph 2(6) of Schedule 8 to the Social Security Act 1989 .

(3) After regulation 7 (days for which persons are to be regarded as incapable of work for the purposes of severe disablement allowance) there shall be inserted the following regulation–

Treatment of duties as a councillor as a day of incapacity for work

(7A) A person who is a councillor shall be treated as incapable of work for the purposes of subsections 2(b) and 3(b) of section 36 of the Social Security Act 1975 on any day on which he undertakes work as a councillor, and which would, but for this regulation, have been a day on which he was regarded as not incapable of work solely by reason of the work he undertook as a councillor.

(4) After regulation 8 (circumstances in which a person is to be treated as receiving full-time education) there shall be inserted the following regulation–

Severe disablement allowance for persons who are councillors

(8A) Where the amount of a councillor's allowance to which a person is entitled in respect of any week exceeds the sum for the time being specified in regulation 3(3) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations , then an amount equal to the excess shall be deducted from the amount of any severe disablement allowance to which he is entitled in respect of that week, and only the balance remaining (if any) shall be payable.

Section 3 Treatment of a local councillor's allowance paid otherwise than weekly

(1) Where a councillor's allowance is paid otherwise than weekly, an amount calculated in accordance with the following provisions of this regulation shall be regarded as the weekly amount of that allowance.

(2) In the case of an attendance allowance, the weekly amount shall be the amount paid in respect of attendances undertaken in respect of the week in question.

(3) In the case of a basic allowance or a special responsibility allowance, the weekly amount shall be calculated–

(i) where the allowance is paid annually, by dividing the amount paid by 52;

(ii) where the allowance is paid quarterly, by dividing the amount paid by 13;

(iii) where the allowance is paid monthly, by multiplying the amount by 12 and dividing by 52; and

(iv) in any other case, by dividing the amount of the allowance by the number of days in the period and multiplying it by 7.