The Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations (Northern Ireland) 1997

Statutory Rules of Northern Ireland

1997 No. 69

SOCIAL SECURITY

The Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations (Northern Ireland) 1997

Made

18th February 1997

Coming into operation

6th October 1997

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 64(1), 71(6) and 75 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and of all other powers enabling it in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security (Disability Living Allowance and Attendance Allowance) (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 6th October 1997.

Amendment of the Social Security (Attendance Allowance) Regulations

2.  In regulation 2(1) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992(2) for “paragraphs (2) and (3)” there shall be substituted “the following provisions of this regulation”.

Amendment of the Social Security (Disability Living Allowance) Regulations

3.—(1) The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(3) shall be amended in accordance with paragraphs (2) and (3) of this regulation.

(2) In regulation 2(1) for “paragraphs (2) to (5)” there shall be substituted “the following provisions of this regulation”.

(3) In regulation 3(1) for the words from “, where—” to the end there shall be substituted “if he is a person to whom paragraphs (2) and (3) apply.”.

Revocation

4.  Regulation 2(4)(a) of the Social Security (Disability Living Allowance) (Amendment) Regulations (Northern Ireland) 1993(4) is hereby revoked.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

John O'Neill

Assistant Secretary

18th February 1997.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend 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 3(3) amends the Disability Living Allowance Regulations so that persons over the age of 65 are no longer able to claim disability living allowance.

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

Regulation 4 makes a consequential revocation.

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.

(1)

1992 c. 7

(2)

S.R. 1992 No. 20; regulation 2(1) was amended by regulation 8(a) of S.R. 1996 No. 11

(3)

S.R. 1992 No. 32; relevant amending regulations are S.R. 1993 No. 340 and S.R. 1996 No. 11

(4)

S.R. 1993 No. 340