The Rate Relief (Lone Pensioner Allowance) Regulations (Northern Ireland) 2008

1.—(1) A person who is engaged in providing care to the person who has attained the age of 70 years in the circumstances set out in sub-paragraph (2). N.I.

(2) The circumstances referred to in sub-paragraph (1) are—

(a) that the person who has attained the age of 70 years is entitled to a prescribed benefit;

(b) the person providing the care is resident in the same dwelling-house as the person who has attained the age of 70 years;

(c) the care is being provided for at least 35 hours a week on average; and

(d) the person providing the care is not a disqualified relative of the person who has attained the age of 70 years.

(3) In this paragraph “prescribed benefit” means—

(a) a higher rate attendance allowance under section 65 of the 1992 Act;

(b) the highest rate of the care component of a disability living allowance under section 72(4)(a) of that Act [F1 or the daily living component of personal independence payment at the enhanced rate in accordance with Article 83(2) of the Welfare Reform (Northern Ireland) Order 2015] ;

(c) an increase in the rate of a disablement pension under section 104 of that Act by an amount which is the highest amount determined in accordance with paragraph (a) of regulation 17 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984(1) or, in a case to which paragraph (b) of that regulation applies, the amount determined in accordance with that paragraph; or

(d) a constant attendance allowance at the rate provided for by article 14(4) or (5) of the Personal Injuries (Civilians) Scheme 1983(2) or article 8(4) or (5) or 71(4)(b) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(3) (including those provisions as applied, whether with or without modifications, by any other instrument).

(4) For the purposes of this paragraph, a person is a disqualified relative of another if—

(a) he is the spouse of the other or they live together as husband and wife; or

(b) he is the civil partner of the other or they live together as if they were civil partners.

Textual Amendments

F1 Words in Sch. para. 1(3)(b) inserted (1.4.2022) by The Rate Relief (Lone Pensioner Allowance) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/90), regs. 1, 2(2)

Commencement Information

I1 Sch. para. 1 in operation at 1.4.2008, see reg. 1

(1)

S.R. 1984 No. 92

(2)

S.I. 1983/686; relevant amending instruments are S.I. 2001/420 and S.I. 2007/646

(3)

S.I. 2006/606; relevant amending instruments are S.I. 2006/1455 and S.I. 2007/909