The Social Security (Disability Living Allowance and Personal Independence Payment) (Amendment) Regulations (Northern Ireland) 2016

Amendment of the Social Security (Disability Living Allowance) Regulations

This section has no associated Explanatory Memorandum

2.—(1) The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 8(2) (hospitalisation)—

(a)for the heading, substitute “Hospitalisation of persons aged 18 or over”;

(b)in paragraph (1) after “Subject to” insert “paragraph (4) and”; and

(c)at the end add—

(4) This regulation does not apply to a person who was under the age of 18 on the day on which he entered the hospital or other similar institution referred to in paragraph (1) to begin his current period as an in-patient..

(3) In regulation 10(3) (exemption from regulations 8 and 9)—

(a)in paragraph (1) for “paragraphs (2)” substitute “paragraphs (3)”;

(b)omit paragraph (2);

(c)in paragraph (3) omit “or, as the case may be, paragraph (2)”; and

(d)in paragraph (5) for “paragraphs (1) and (2)” substitute “paragraph (1)”.

(4) In regulation 12A(4) (hospitalisation in mobility component cases)—

(a)in the title after “Hospitalisation” insert “of persons aged 18 or over”;

(b)in paragraph (1) after “Subject to” insert “paragraph (4) and”; and

(c)after paragraph (3) add—

(4) This regulation does not apply to a person who was under the age of 18 on the day on which he entered the hospital or other similar institution referred to in paragraph (1) to begin his current period as an in-patient..

(5) In regulation 12B(5) (exemption from regulation 12A)—

(a)omit paragraph (1)(b) and the word “or” preceding it; and

(b)in paragraph (7), omit “or, as the case may be, paragraph (1)(b),”.

(1)

S.R. 1992 No. 32; relevant amending Regulations are S.R. 1992 Nos. 144 and 481, S.R. 1993 Nos. 149 and 165, S.R. 1996 Nos. 225 and 290, S.R. 1999 Nos. 221 and 428 (C. 32), S.R. 2000 No. 195, S.R. 2007 No. 431 and S.R. 2016 No. 229

(2)

Regulation 8 was amended by regulation 3(2) of S.R. 1992 No. 481, regulation 4(2) of S.R. 1999 No. 221 and regulation 3(2) of S.R. 2000 No. 195

(3)

Regulation 10 was amended by regulation 3 of S.R. 1992 No. 144, regulation 4(3) of S.R. 1993 No. 149, regulation 3(3) of S.R. 1993 No. 165, Article 7(4)(b) of S.R. 1999 No. 428 (C. 32), regulation 3(4) of S.R. 2000 No. 195 and regulation 3(3) of S.R. 2007 No. 431

(4)

Regulation 12A was inserted by regulation 4(3) of S.R. 1996 No. 225 and amended by regulation 4(3) of S.R. 1999 No. 221 and regulation 3(2) of S.R. 2000 No. 195

(5)

Regulation 12B was inserted by regulation 4(3) of S.R. 1996 No. 225 and amended by regulation 2 of S.R. 1996 No. 290, Article 7(4)(c) of S.R. 1999 No. 428 (C. 32) and regulation 4(7) of S.R. 2016 No. 229