The Social Security (Northern Ireland) Order 1988

Attendance allowance

3.—(1) In section 35(1) of the principal Act, for paragraph (b) there shall be substituted the following paragraph—

“(b) he is so severely disabled physically or mentally that, at night,—

(i) he requires from another person prolonged or repeated attention in connection with his bodily functions, or

(ii) in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him.”.

(2) Section 35 of the principal Act shall have effect as amended by paragraph (1) only for the purposes—

(a) of any determination by the Attendance Allowance Board or a delegate appointed under paragraph 5 of Schedule 11 to that Act following a claim made after the commencement of this Article;

(b) of any review by the Board or by such a delegate following an application made after the commencement of this Article;

(c) of any review by the Board or by such a delegate under section 106(1)(a) or (bb) of the principal Act following a decision to conduct such a review made after the commencement of this Article;

(d) of any issue, revocation or alteration of a certificate relating to attendance allowance which takes place following a determination, review or appeal such as is mentioned in sub-paragraph (a), (b) or (c).