The Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996

8.  For the purposes of paragraph 1(c), the other member of a couple is incapacitated where—

(a) housing benefit is payable under Part VII of the Contributions and Benefits Act to the other member or his partner and his applicable amount includes—

(i) a disability premium, or

(ii) a higher pensioner premium by virtue of the satisfaction of paragraph 10(2)(b) of Schedule 2 to the Housing Benefit (General) Regulations (Northern Ireland) 1987(1), on account of the other member’s incapacity or regulation 21A(1)(c) of those Regulations (treatment of child care charges) applies in that person’s case;

(b) there is payable in respect of him one or more of the following—

(i) long-term incapacity benefit under section 30A, 40 or 41 of the Contributions and Benefits Act(2),

(ii) attendance allowance under section 64 of that Act,

(iii) severe disablement allowance under section 68 of that Act(3),

(iv) disability living allowance under section 71 of that Act,

(v) an increase of disablement pension under section 104 of that Act,

(vi) a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v);

(c) a pension or allowance to which sub-paragraph (b)(ii), (iv), (v) or (vi) refers, was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient (other than a person who is serving a sentence imposed by a court in a prison, young offenders centre or a training school) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975(4);

(d) sub-paragraph (b) or (c) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding statutory provision having effect in Great Britain; or

(e) he has an invalid carriage or other vehicle provided to him by the Department under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972(5) or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977(6) or under section 46 of the National Health Service (Scotland) Act 1978(7).

(1)

S.R. 1987 No. 461; regulation 21A was inserted by regulation 2(3) of S.R. 1994 No. 274 and amended by regulation 6 of S.R. 1995 No. 89 and regulation 4 of S.R. 1995 No. 129

(2)

Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)); sections 40 and 41 were substituted by paragraphs 8 and 9, respectively, of Schedule 1 to that Order and section 41 was amended by paragraph 18(4) of Schedule 2 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

(3)

Section 68 was amended by Article 11 of, and paragraph 18 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994, regulation 3(2) of S.R. 1984 No. 317 and regulation 2(2) of S.R. 1994 No. 370

(4)

S.R. 1975 No. 109

(5)

S.I. 1972/1265 (N.I. 14)

(6)

1977 c. 49

(7)

1978 c. 29