The Social Security (Severe Disablement Allowance and Invalid Care Allowance) (Amendment) Regulations (Northern Ireland) 1994

Amendment of the Social Security (Invalid Care Allowance) Regulations

5.—(1) The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(1) shall be amended in accordance with paragraphs (2) to (8) of this regulation.

(2) In regulation 2(1) (interpretation) after “Social Security (Northern Ireland) Act 1975” there shall be inserted “, “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.

(3) In the heading to regulation 10, for “Circumstances in which a person over pensionable age is to be treated as having been entitled to invalid care allowance immediately before attaining that age” there shall be substituted “Circumstances in which a person over the age of 65 is to be treated as having been entitled to invalid care allowance immediately before attaining that age”.

(4) In regulation 10 for “pensionable age” there shall be substituted “the age of 65”.

(5) After regulation 10 there shall be inserted the following regulation—

“Women aged 65 before 28th October 1994

10A.   A woman shall be entitled to an invalid care allowance if—

(a) she attained the age of 65 before 28th October 1994;

(b) immediately before attaining the age of 65 she would have satisfied the requirements for entitlement to an invalid care allowance, whether or not she made a claim, but for the condition, which applied prior to 28th October 1994, in section 70(5) of the Contributions and Benefits Act(2) (exclusion of persons who had attained pensionable age and had not been entitled to that allowance immediately before attaining that age); and

(c) she satisfies the requirements for entitlement to an invalid care allowance apart from the conditions in section 70(1)(a) and (b) and (5) of the Contributions and Benefits Act.”.

(6) In the heading to regulation 11, for “Invalid care allowance for persons over retiring age” there shall be substituted “Invalid care allowance for persons over the age of 65”.

(7) In regulation 11 for “retiring age” there shall be substituted “the age of 65”.

(8) After regulation 11 there shall be inserted the following regulation—

“Men aged 65 before 28th October 1994

11A.   A man who—

(a) attained the age of 65 before 28th October 1994; and

(b) was entitled to an invalid care allowance immediately before he attained that age,

shall be entitled to that allowance notwithstanding that, after he attained that age, he was not caring for a severely disabled person or no longer satisfied the requirements of section 70(1)(a) or (b) of the Contributions and Benefits Act, if he satisfies the other requirements for entitlement to that allowance.”.

(1)

S.R. 1976 No. 99, to which there are amendments not relevant to these regulations

(2)

Section 70 is amended by regulation 2(3) of these regulations