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The Welfare Supplementary Payment (Amendment) Regulations (Northern Ireland) 2017

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Welfare Supplementary Payment (Amendment) Regulations (Northern Ireland) 2017 No. 28

PART 7AMENDMENTS TO WELFARE SUPPLEMENTARY PAYMENTS IN RESPECT OF LOSS OF DISABILITY LIVING ALLOWANCE

Amendments to the Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations

51.  The Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations (Northern Ireland) 2016 are amended in accordance with this Part.

Effective date of change of circumstances

52.—(1) For regulation 7(2) substitute—

“(2) Welfare supplementary payment must cease to be paid from the date the decision to award personal independence payment takes effect.”.

(2) In regulation 12(2) for “from the day after the first payment of welfare supplementary payment following the decision to change personal independence payment.” substitute “from the date the decision to change personal independence payment takes effect.”.

(3) In regulation 20(2) for “from the day after the first payment of welfare supplementary payment following the decision to change personal independence payment.” substitute “from the date the decision to change personal independence payment takes effect.”.

Persons to whom welfare supplementary payments may be made

53.  After regulation 21 insert—

“Persons to whom welfare supplementary payments may be made

21A.—(1) A welfare supplementary payment to which a person is entitled under these Regulations must be paid to the person, but this is subject to paragraph (2).

(2) Payment may be made to a person appointed under regulation 33 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(1).”.

Change of circumstances: residency, care home, hospital, prison

54.  After regulation 29 insert—

“Change of circumstances: residency, care home, hospital, prison

30.—(1) This regulation applies where there is a change of circumstances of a kind set out in regulations 23 to 29 which affects a person’s entitlement to welfare supplementary payment.

(2) Where it is reasonable to expect the person to do so, the person must inform the Department of this change of circumstances.

(3) For the purposes of calculating the person’s entitlement to welfare supplementary payment, the date to be used is the date on which the change of circumstances takes effect. ”.

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