Statutory Instruments
2002 No. 648
SOCIAL SECURITY
The Social Security (Disability Living Allowance) (Amendment) Regulations 2002
Made
11th March 2002
Laid before Parliament
15th March 2002
Coming into force
8th April 2002
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 73(5) and 175(3) of the Social Security Contributions and Benefits Act 1992( 1 ) and of all other powers enabling him in that behalf, after reference to the Social Security Advisory Committee( 2 ), hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Social Security (Disability Living Allowance) (Amendment) Regulations 2002 and shall come into force on 8th April 2002.
Amendment of regulation 12 of the Social Security (Disability Living Allowance) Regulations 1991
2. In regulation 12 of the Social Security (Disability Living Allowance) Regulations 1991( 3 ) (entitlement to the mobility component), there shall be added after paragraph (6) the following paragraphs—
“ (7) For the purposes of section 73(1)(d) of the Act, a person who is able to walk is to be taken not to satisfy the condition of being so severely disabled physically or mentally that he cannot take advantage of the faculty out of doors without guidance or supervision from another person most of the time if he does not take advantage of the faculty in such circumstances because of fear or anxiety.
(8) Paragraph (7) shall not apply where the fear or anxiety is—
(a) a symptom of a mental disability; and
(b) so severe as to prevent the person from taking advantage of the faculty in such circumstances. ” .
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
11th March 2002
See section 172(1) of the Social Security Administration Act 1992 (c. 5) .