140 Implementation of increases in income support due to attainment of particular ages.N.I.
(1)This section applies where—
(a)an award of income support is in force in favour of a person (“the recipient”); and
(b)there is a component which becomes applicable, or applicable at a particular rate, in his case if he or some other person attains a particular age.
(2)If, in a case where this section applies, the recipient or other person attains the particular age referred to in paragraph (b) of subsection (1) above and, in consequence,—
(a)the component in question becomes applicable, or applicable at a particular rate, in the recipient’s case (whether or not some other component ceases, for the same reason, to be applicable, or applicable at a particular rate, in his case); and
(b)after taking account of any such cessation, the recipient becomes entitled to an increased amount of income support,
then, except as provided by subsection (3) below, as from the day on which he becomes so entitled, the amount of income support payable to or for him under the award shall be that increased amount, without any further decision of [F1the Department], and the award shall have effect accordingly.
(3)Subsection (2) above does not apply in any case where, in consequence of the recipient or other person attaining the age in question, some question arises in relation to the recipient’s entitlement to [F2personal independence payment or to] any benefit under the Contributions and Benefits Act, other than—
(a)the question whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in his case; and
(b)the question whether, in consequence, the amount of his income support falls to be varied.
(4)In this section “component”, in relation to a person and his income support, means any of the sums specified in regulations under section 131(1) of the Contributions and Benefits Act.
Textual Amendments
F1Words in s. 140(2) substituted (29.11.1999 for certain purposes, otherwiseprosp.) by S.I. 1998/1506 (N.I. 10), arts. 1, 78(1), Sch. 6 para. 75; S.R. 1999/472, art. 2(1), Sch. 1 (with arts. 20-22) (subject to art. 2(2) of the said S.R. 1999/472)
F2Words in s. 140(3) inserted (20.6.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 19; S.R. 2016/215, art. 3(2)