The Social Security (Severe Disablement Allowance) (Amendment) Regulations (Northern Ireland) 1991

Amendment of regulation 3 of the principal regulations

2.  In regulation 3 of the principal regulations (conditions relating to residence and presence) for paragraph (2) there shall be substituted the following paragraph—

“(2) Section 36 of the Act shall be modified by inserting after subsection (4) the following subsection—

“(4ZA) In determining whether the person satisfies any conditions prescribed under subsection (4)(c) above—

(a) any period during which the person is absent from Northern Ireland by reason only of the fact that—

(i) he is abroad in his capacity as a serving member of the forces; or

(ii) he is living with a person mentioned in sub-paragraph (i) and is the spouse, son, daughter, father, father-in-law, mother or mother-in-law of that person, shall be treated as a period during which the person was resident in Northern Ireland; and

(b) any day on which the person is absent from Northern Ireland by reason only of the fact that on that day—

(i) he is abroad in his capacity as a serving member of the forces; or

(ii) he is living with a person mentioned in sub-paragraph (i) and is the spouse, son, daughter, father, father-in-law, mother or mother-in-law of that person; or

(iii) he is in employment prescribed for the purposes of section 132 of the Social Security Act 1975(1) in connection with continental shelf operations; or

(iv) he is abroad in his capacity as an airman or mariner within the meaning of regulation 80 and regulation 84 respectively of the Social Security (Contributions) Regulations (Northern Ireland) 1979(2),

shall be treated as a day on which the person is present in Northern Ireland;

and for the purposes of this provision “serving member of the forces” has the same meaning as in regulation 1(2) of the Social Security (Contributions) Regulations 1979(3).””.

(1)

1975 c. 14; section 132(2) was amended by paragraph 21 of Schedule 3 to the Oil and Gas (Enterprise) Act 1982 (c. 23)

(2)

S.R. 1979 No. 186; to which there are amendments not relevant to these regulations

(3)

S.I. 1979/591; to which there are amendments not relevant to these regulations