The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992

Explanatory Note

(This note is not part of the Regulations.)

These regulations are consequential upon the coming into operation of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 (“the 1991 Order”). Article 3 of the 1991 Order introduces a new benefit to be known as disability living allowance (“the allowance”) which consists of two components; a care component and a mobility component.

Part I of the regulations relates to their citation, commencement and interpretation (regulation 1).

Part II contains general provisions which relate to both components of the allowance. It sets out the conditions as to residence and presence in Northern Ireland which a person must satisfy to qualify for the allowance (regulation 2); contains provisions relating to those persons aged 65 and over (regulation 3 and Schedule 1); sets out the rate at which benefit is payable (regulation 4); and relates to late claims by a person who was previously entitled to benefit (regulation 5).

Part III relates to the care component of the allowance. It specifies the qualifying period for those whose entitlement to that component has been interrupted (regulation 6); makes provision for those people who undergo treatment by way of renal dialysis (regulation 7); and imposes restrictions on the payment of benefit where a person is accommodated in a hospital or is in certain accommodation where the cost is or may be, met wholly or partly out of public or local funds (regulations 8 to 10).

Part IV relates to the mobility component of the allowance. It specifies the qualifying period for those whose entitlement to that component has been interrupted (regulation 11); specifies the circumstances in which a person is to be treated as unable or virtually unable to walk, being both blind and deaf, having severe mental impairment or having severe behavioural problems (regulation 12); and provides for the entitlement to the mobility component of certain persons eligible for invalid carriages (regulation 13 and Schedule 2). Regulation 14, with Schedule 3, specifies provisions which are to be revoked.

The regulations make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 10(2) of, and paragraph 21 of Schedule 3 to, the Social Security Act 1980 (c. 30), are not subject to the requirement of section 10(1) of that Act for prior reference to the Social Security Advisory Committee.

Sections 37ZA to 37ZE are some of the enabling provisions under which these regulations are made. They are inserted by Article 3(2) of the 1991 Order and are brought into operation on 6th April 1992 by virtue of Article 2 of the Disability Living Allowance and Disability Working Allowance (1991 Order) (Commencement No. 2) Order (Northern Ireland) 1991 (S.R. 1991 No. 501 (c.24)).