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The Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Amendment) Regulations (Northern Ireland) 2016

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1.—(1) These Regulations may be cited as the Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Amendment) Regulations (Northern Ireland) 2016 and, subject to paragraph (2), come into operation on 20th June 2016.

(2) In the case of a person who has an existing award on 19th June 2016—

(a)regulations 2(2)(a)(ii), 3(2)(a)(ii) and 4(3)(a)(ii) come into operation—

(i)on the day immediately following the termination day; or

(ii)on the day on which the first revision or supersession is made on or after 20th June 2016,

whichever is earlier;

(b)regulations 2(2)(a)(iii), 3(2)(a)(iii) and 4(3)(a)(iii) come into operation—

(i)on the day immediately following the termination day; or

(ii)104 weeks after 20th June 2016,

whichever is earlier;

(c)regulations 3(2)(c) and 4(3)(c) come into operation—

(i)on the day immediately following the termination day; or

(ii)26 weeks after 20th June 2016,

whichever is earlier.

(3) In these Regulations—

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

“existing award” means an award of—

(a)

attendance allowance under section 64 of the Contributions and Benefits Act(1);

(b)

carer’s allowance under section 70 of that Act(2); or

(c)

disability living allowance under section 71 of that Act(3);

“revision” means a revision under Article 10 of the Social Security (Northern Ireland) Order 1998(4);

“supersession” means a supersession under Article 11 of the Social Security (Northern Ireland) Order 1998(5);

“termination day” means the day on which the existing award terminates.

(1)

Section 64 was amended by Article 63(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), paragraph 38 of Schedule 1 to the Pensions Act (Northern Ireland) 2008 and paragraph 4 of Schedule 9 to the Welfare Reform (Northern Ireland) Order 2015.

(2)

Section 70 was amended by regulation 2(3) of S.R. 1994 No. 370, Articles 2(2) and 3 of S.R. 2002 No. 321, regulation 2(3) of S.R. 2011 No. 356, Article 2(2) of S.I. 2013/3233 and is amended by regulation 5(2) of S.R. 2016 No. 228.

(3)

Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(5)

Article 11 was amended by paragraph 17 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999.

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