The Social Security (Disability Living Allowance, Attendance Allowance and Claims and Payments) (Amendment) Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (“the Claims and Payments Regulations”), the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (“the Attendance Allowance Regulations”) and the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (“the Disability Living Allowance Regulations”).

Regulation 4(3) inserts new regulations 12A to 12C into the Disability Living Regulations.

New regulation 12A imposes a restriction on the payment of the mobility component of disability living allowance in respect of a person who is maintained free of charge while undergoing medical or other treatment as an in-patient in a hospital or similar institution under the health service or maintained by the Defence Council.

New regulation 12B provides for exemptions from regulation 12A for the first 28 days (84 days in the case of someone under 16 years of age) of free in-patient treatment. It also makes special provision for certain cases where a person in receipt of the mobility component of disability living allowance has been an in-patient whilst receiving that mobility component for 365 days or more before these Regulations come into operation. Exemptions are also provided in certain cases where the patient has a Motability agreement for the provision of a vehicle or wheelchair. The exemption will not continue where any subsequent agreement is entered into whilst the patient is still in hospital, unless such an agreement is an agreement made under the scheme run by Motability for wheelchairs.

New regulation 12C provides for benefit to be adjusted in certain cases where regulation 12B applies.

Regulation 2 makes a consequential amendment to regulation 25 of the Claims and Payments Regulations.

Regulations 3 and 4(4) make minor drafting amendments to Schedule 2 to the Attendance Allowance Regulations and Schedule 2A to the Disability Living Allowance Regulations.

These Regulations correspond 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 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.