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

PART II GENERAL

Conditions as to residence and presence in Northern Ireland

2.—(1) Subject to paragraphs (2) to (5), the prescribed conditions for the purposes of section 37ZA(6) as to residence and presence in Northern Ireland in relation to any person on any day shall be that—

(a) on that day—

(i) he is ordinarily resident in Northern Ireland,

(ii) he is present in Northern Ireland, and

(iii) he has been present in Northern Ireland for a period of, or for periods amounting in the aggregate to, not less than 26 weeks in the 52 weeks immediately preceding that day; and

(b) where that day falls within a period in which that person—

(i) receives tax free emoluments,

(ii) is the spouse of a person who receives tax free emoluments, or

(iii) is aged under 16 and is the son, daughter, step-son or step-daughter of a person who receives tax free emoluments,

• that period is immediately preceded by a period of 4 years during which the person first mentioned in this sub-paragraph was present in Northern Ireland for a period of, or for periods amounting in the aggregate to, not less than 156 weeks;

and for the purpose of this provision “tax free emoluments” means emoluments which are exempt from tax under any of the provisions listed in regulation 11(1) of the Child Benefit (General) Regulations (Northern Ireland) 1979(1).

(2) For the purposes of paragraph (1)(a)(ii) and (iii), notwithstanding that on any day a person is absent from Northern Ireland, he shall be treated as though he were present in Northern Ireland if his absence is by reason only of the fact that on that day—

(a) he is abroad in his capacity as—

(i) a serving member of the forces within the meaning of the definition “serving member of the forces” in regulation 1(2) of the Social Security (Contributions) Regulations 1979(2), or

(ii) an airman or mariner within the meaning of regulation 80 and regulation 84 respectively of the Social Security (Contributions) Regulations (Northern Ireland) 1979(3);

(b) he is in employment prescribed for the purposes of section 132 of the Social Security Act 1975(4) in connection with continental shelf operations;

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

(d) his absence from Northern Ireland is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 26 weeks; or

(e) his absence from Northern Ireland is temporary and for the specific purpose of his being treated for incapacity, or a disabling condition, which commenced before he left Northern Ireland, and the Department has certified that it is consistent with the proper administration of the Act that, subject to the satisfaction of the foregoing condition in this sub-paragraph, he should be treated as though he were present in Northern Ireland.

(3) Where a person is terminally ill and—

(a) makes a claim for disability living allowance; or

(b) an application is made for a review of his award of disability living allowance,

expressly on the ground that he is such a person, paragraph (1) shall apply to him as if sub-paragraph (a)(iii) were omitted.

(4) Paragraph (1) shall apply in the case of a child under the age of 6 months as if in sub-paragraph (a)(iii) for the reference to 26 weeks there were substituted a reference to 13 weeks.

(5) Where in any particular case a child has, by virtue of paragraph (4), entitlement to the care component immediately before the day on which he attains the age of 6 months, then until the child attains the age of 12 months, paragraph (1)(a)(iii) shall continue to apply in his case as if for the reference to 26 weeks there were substituted a reference to 13 weeks.

Persons aged 65 and over

3.—(1) A person shall not be precluded from entitlement to either component of disability living allowance by reason only of the fact that he has attained the age of 65, where—

(a) disability living allowance is claimed for a period beginning on or after the day on which the person attains the age of 65 but before he attains the age of 66;

(b) on the day before he attained the age of 65, he satisfied the conditions as to residence and presence in Northern Ireland set out in regulation 2;

(c) on that day, he satisfied the conditions of entitlement in section 37ZB(1) (care component) or, as the case may be, section 37ZC(1) (mobility component); and

(d) he has satisfied those conditions throughout the period beginning on that day and ending with the day on which the claim is made.

(2) Paragraph (3) applies to a person who—

(a) made a claim for disability living allowance before he attained the age of 65, which was not determined before he attained that age; and

(b) did not at the time he made the claim have an award of disability living allowance for a period ending on or after the day on which he attained the age of 65.

(3) In determining the claim of a person to whom this paragraph applies, where the person otherwise satisfies the conditions of entitlement to either or both components of disability living allowance for a period commencing before he attains the age of 65 (other than the requirements of section 37ZB(2)(a) or, as the case may be, section 37ZC(9)(a)(3 months qualifying period)), the determination shall be made without regard to the fact that he is aged 65 or over at the time the claim is determined.

(4) Schedule 1, which makes further provision for persons aged 65 and over, shall have effect.

Rate of benefit

4.—(1) The three weekly rates of the care component are—

(a) the highest rate, payable in accordance with section 37ZB(4)(a), £43·35;

(b) the middle rate, payable in accordance with section 37ZB(4)(b), £28·95; and

(c) the lowest rate, payable in accordance with section 37ZB(4)(c), £11·55.

(2) The two weekly rates of the mobility component are—

(a) the higher rate, payable in accordance with section 37ZC(11)(a), £30·30; and

(b) the lower rate, payable in accordance with section 37ZC(11)(b), £11·55.

Late claim by a person previously entitled to benefit

5.—(1) Notwithstanding section 37ZE(1) (no entitlement to disability living allowance for any day before a claim is made), where—

(a) a person’s entitlement to disability living allowance has ended; and

(b) that person makes or is treated as making a claim for disability living allowance after the entitlement has ended but within a period of 6 months immediately following the day on which it ended,

then that person shall, subject to satisfying any other conditions of entitlement, be entitled to the care component for any day on or after 6th April 1992 on which he satisfies the conditions specified in paragraph (2)(a) and to the mobility component for any day on or after that day on which he satisfies the conditions specified in paragraph (2)(b).

(2) For the purposes of paragraph (1), those conditions are—

(a) where the person is entitled on the claim for disability living allowance to the care component, that—

(i) the previous entitlement was to the care component,

(ii) that entitlement ended within 6 months of the claim being made,

(iii) throughout the period beginning with the day following the day on which the previous entitlement ended and ending on the day on which the claim was made, he satisfied the conditions of entitlement to the care component specified in section 37ZB(1)(a), (b) or (c), and

(iv) the day in question falls within that period;

(b) where the person is entitled on the claim for disability living allowance to the mobility component, that—

(i) the previous entitlement was to the mobility component,

(ii) that entitlement ended within 6 months of the claim being made,

(iii) throughout the period beginning with the day following the day on which the previous entitlement ended and ending on the day on which the claim was made, he satisfied the conditions of entitlement to the mobility component specified in section 37ZC(1)(a), (b), (c) or (d), and

(iv) the day in question falls within that period.

(3) Where a person has been entitled for any period before 6th April 1992 to attendance allowance or mobility allowance, then—

(a) the reference in paragraph (1)(a) to entitlement to disability living allowance includes also a reference to entitlement to attendance allowance or mobility allowance; and

(b) the reference in paragraph (2)(a)(i) to entitlement to the care component includes also a reference to entitlement to attendance allowance and the reference in paragraph (2)(b)(i) to entitlement to the mobility component includes also a reference to entitlement to mobility allowance.

(1)

S.R. 1979 No. 5; to which there are amendments not relevant to these regulations

(2)

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

(3)

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

(4)

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