The Social Security (Mobility Allowance and Adjudication) Amendment Regulations 1991

• Citation: S.I. 1991/706
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Social Security (Mobility Allowance and Adjudication) Amendment Regulations 1991 and shall come into force on 10th April 1991.

Section 2 Amendment of the Mobility Allowance Regulations 1975

(1) Regulation 3 of the Mobility Allowance Regulations 1975 (circumstances in which, for the purposes of section 37A of the Social Security Act 1975, a person is or is not to be treated as suffering from physical disablement such that he is unable or virtually unable to walk) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1)(b) for the words “while out of doors” there shall be substituted the words “while out of doors; or”.

(3) After paragraph (1)(b) there shall be added the following sub-paragraph–

(c) he has both legs amputated at levels which are either through or above the ankle, or he has one leg so amputated and is without the other leg, or is without both legs, to the same extent as if it, or they, had been so amputated.

(4) In paragraph (2) for the words “A person shall not be treated” there shall be substituted the words “Unless paragraph (1)(c) applies to him a person shall not be treated”.

Section 3 Amendment of the Social Security (Adjudication) Regulations 1986

In regulation 56(2) of the Social Security (Adjudication) Regulations 1986 (reference of medical questions for report)–

(a) in head (iii) of sub-paragraph (b) for the words “section 84(1) of the 1986 Act” there shall be substituted the words “section 84(1) of the 1986 Act; or”; and

(b) after sub-paragraph (b) there shall be added the following sub-paragraph–

(c) the evidence before him as to a person’s medical condition where paragraph (1)(c) of regulation 3 of the Mobility Allowance Regulations 1975 (circumstances in which, for the purposes of section 37A of the 1975 Act, a person is or is not to be treated as suffering from physical disablement such that he is unable or virtually unable to walk) is relevant to the claim.