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16.—(1) Subject to paragraphs 17 and 18, the condition is that the relevant person or his partner is, or both of them are, in receipt of carer’s allowance.
(2) If a relevant person or his partner, or both of them, would be in receipt of carer’s allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(1), where –
(a)the claim for that allowance was made after 31st October 1992, and
(b)the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance or the care component of a disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the 1992 Act,
he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of carer’s allowance.
(3) Where the relevant person or his partner ceases to be in receipt of, or ceases to be treated as being in receipt of, carer’s allowance, the condition mentioned in sub-paragraph (1) shall be treated as satisfied for a period of 8 weeks from the date on which he or his partner, as the case may be, was last in receipt of, or was last treated as being in receipt of, carer’s allowance.
S.R. 1979 No. 242; the relevant amending regulations are S.R. 1980 No. 451, S.R. 1983 No. 36 and S.R. 1984 No. 317
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