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The Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991

Status:

This is the original version (as it was originally made).

Introduction of disability working allowance

8.—(1) Article 21 (income-related benefits) of the 1986 Order shall be amended in accordance with paragraphs (2) to (7).

(2) In paragraph (1), after sub-paragraph (b) there shall be inserted the following sub–paragraph—

(bb)disability working allowance;.

(3) In paragraph (2) for the words “or (b)” there shall be substituted the words “, (b) or (bb)”.

(4) After paragraph (6) there shall be inserted the following paragraphs—

(6A) A person in Northern Ireland who has attained the age of 16 and qualifies under paragraph (6B) is entitled to a disability working allowance if, when the claim for it is made or is treated as made—

(a)he is engaged and normally engaged in remunerative work;

(b)he has a physical or mental disability which puts him at a disadvantage in getting a job;

(c)his income—

(i)does not exceed the applicable amount; or

(ii)exceeds it, but only by such an amount that there is an amount remaining if the deduction for which Article 22(3B) provides is made; and

(d)except in such circumstances as may be prescribed, neither he nor, if he has a family, any member of it, is entitled to family credit.

(6B) Subject to paragraph (6E), a person qualifies under this paragraph if—

(a)for one or more of the 56 days immediately preceding the date when the claim for a disability working allowance is made or is treated as made there was payable to him one or more of the following—

(i)an invalidity pension under section 15 of the principal Act;

(ii)an invalidity pension under Article 17 or 18 of the Pensions Order;

(iii)a severe disablement allowance under section 36 of the principal Act;

(iv)income support or housing benefit;

or a corresponding benefit under any statutory provision having effect in Great Britain;

(b)when the claim for a disability working allowance is made or is treated as made, there is payable to him one or more of the following—

(i)an attendance allowance under section 35 of the principal Act;

(ii)a disability living allowance under section 37ZA of that Act;

(iii)an increase of disablement pension under section 61 of that Act (constant attendance allowance);

(iv)an analogous pension increase under a war pension scheme or the industrial injuries regulations;

or a corresponding benefit under any statutory provision having effect in Great Britain; or

(c)when the claim for a disability working allowance is made or is treated as made, he has an invalid carriage or other vehicle provided under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 or provided by the Secretary of State under section 5(2)(a) of the National Health Service Act 1977 and Schedule 2 to that Act or under section 46 of the National Health Service (Scotland) Act 1978.

(6C) For the purposes of paragraph (6A) a person has a disability which puts him at a disadvantage in getting a job only if he satisfies prescribed conditions or prescribed circumstances exist in relation to him.

(6D) In paragraph (6A)(c) “the applicable amount” means the applicable amount at such date as may be prescribed.

(6E) If the only benefit mentioned in sub–paragraph (a) of paragraph (6B) which is payable to a person as there mentioned is—

(a)a benefit mentioned in head (iv) of that sub-paragraph; or

(b)a corresponding benefit under any statutory provision having effect in Great Britain,

he only qualifies under that paragraph in prescribed circumstances.

(6F) A disability working allowance shall be payable for a period of 26 weeks or such other period as may be prescribed and, subject to regulations, an award of a disability working allowance and the rate at which it is payable shall not be affected by any change of circumstances during that period or by any order under Article 64..

(5) In the application of paragraph (6B) of Article 21 to claims made or treated as made before the first day in respect of which disability living allowance is payable, sub–paragraph (b) of that paragraph shall have effect as if for head (ii) there were substituted the following head—

(ii)a mobility allowance under section 37A of that Act;.

(6) In paragraph (11)—

(a)after the definition of “family” there shall be inserted the following definition—

“the industrial injuries regulations” means the regulations made under section 150 of the principal Act or under the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975;; and

(b)after the definition of “unmarried couple” there shall be inserted the following definition—

“war pension scheme” means a scheme under which war pensions (as defined in section 25 of the Social Security Act 1989) are provided;.

(7) In paragraph (12), after sub–paragraph (f) there shall be inserted the following sub–paragraph—

(ff)specifying the descriptions of pension increases under war pension schemes or the industrial injuries regulations that are analogous to the benefits mentioned in paragraph (6B)(b)(i) to (iii);.

(8) In Article 22 of the 1986 Order (amount of income–related benefits), after paragraph (3) there shall be inserted the following paragraphs—

(3A) Where a person is entitled to a disability working allowance by virtue of Article 21(6A)(c)(i), the amount shall be the amount which is the appropriate maximum disability working allowance in his case.

(3B) Where a person is entitled to a disability working allowance by virtue of Article 21(6A)(c)(ii), the amount shall be what remains after the deduction from the appropriate maximum disability working allowance of a prescribed percentage of the excess of his income over the applicable amount..

(9) In paragraph (6) of that Article, after sub-paragraph (a) there shall be inserted the following sub–paragraph—

(aa)the appropriate maximum disability working allowance;.

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