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The Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016

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PART 1Introduction

Citation and commencement

1.—(1) These Regulations may be cited as the Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016.

(2) These Regulations come into operation on 20th July 2016.

Interpretation

2.—(1) In these Regulations—

“the 1998 Order” means the Social Security (Northern Ireland) Order 1998(1),

“award” in relation to disability living allowance, means the award having effect immediately prior to its termination under regulation 17(1) of the Transitional Provisions Regulations(2),

“caree” means a person being cared for on the transition date,

“disability living allowance” means disability living allowance under section 71 of the Contributions and Benefits Act(3),

“transitional assessment determination” means the determination, under regulation 4 of the Personal Independence Payment Regulations (Northern Ireland) 2016(4) of a claim for personal independence payment made by a transfer claimant,

“transfer claimant” has the same meaning as in the Transitional Provisions Regulations,

“the Transitional Provisions Regulations” means the Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016.

(2) The transition date is the date on which—

(a)the Department sends a notification to the caree, in accordance with regulation 3(1) of the Transitional Provisions Regulations, inviting the caree to make a claim for personal independence payment, or

(b)the caree makes a claim for personal independence payment in accordance with regulation 4 of the Transitional Provisions Regulations.

Welfare supplementary payments

3.—(1) Welfare supplementary payment is payable in accordance with these Regulations.

(2) Welfare supplementary payment is payable on transition of a caree from disability living allowance to personal independence payment under—

(a)Part 2 (as a result of loss of carer’s allowance),

(b)Part 3 (as a result of loss of carer premium),

(c)Part 4 (as a result of loss of income support for carers),

(d)Part 5 (as a result of loss of additional amount in respect of carers under state pension credit).

(3) But a person is not entitled to more than one welfare supplementary payment under these Regulations at a time.

PART 2Welfare Supplementary Payment as a result of loss of Carer’s Allowance on caree’s transition from Disability Living Allowance to Personal Independence Payment

Eligibility

4.—(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a)the carer’s allowance entitlement condition,

(b)the PIP daily living component refusal condition, and

(c)the termination of carer’s allowance condition.

(2) The carer’s allowance entitlement condition is that a person is in receipt of carer’s allowance under section 70 of the Contributions and Benefits Act(5), in respect of a caree, on the transition date.

(3) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(4) The termination of carer’s allowance condition is that, in consequence of the PIP daily living component refusal condition, the decision of the Department to award carer’s allowance is superseded by a decision of the Department to not award carer’s allowance.

Amount

5.—(1) Where a person is entitled to a contributory benefit, the amount of welfare supplementary payment payable is given by the formula—

Calculation of welfare supplementary payment where person entitled to contributory benefit

where —

  • WSP is welfare supplementary payment,

  • CA is the carer’s allowance payable to the person on the date entitlement to the allowance is lost, and

  • CB is the amount of contributory benefit payable to the person.

(2) Where the contributory benefit is greater than the carer’s allowance, then no welfare supplementary payment is payable.

(3) Where a person is not entitled to contributory benefit, the amount of welfare supplementary payment payable is given by the formula—

Calculation of welfare supplementary payment where person entitled to contributory benefit

where —

  • WSP is welfare supplementary payment, and

  • CA is the carer’s allowance payable to the person on the date entitlement to the allowance is lost.

(4) In this regulation contributory benefit means—

(a)contributory benefit within the meaning of Part 2 of the Contributions and Benefits Act,

(b)employment and support allowance under section 1(2)(a) of the Welfare Reform Act (Northern Ireland) 2007(6), or

(c)a contribution-based jobseeker’s allowance within the meaning of Article 3 of the Jobseekers (Northern Ireland) Order 1995(7).

Period of payment

6.—(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

(2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person’s entitlement to carer’s allowance terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a)one year after the day on which it commences, or

(b)on 31st March 2020,

whichever is first to occur.

Termination of payment on award of carer’s allowance

7.—(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to carer’s allowance.

(2) The entitlement to carer’s allowance must arise out of—

(a)a new claim for carer’s allowance,

(b)a revision under Article 10 of the 1998 Order,

(c)a supersession of a previous decision under Article 11 of the 1998 Order(8), or

(d)an appeal under Article 13 of the 1998 Order(9).

PART 3Welfare Supplementary Payment as a result of loss of Carer Premium on caree’s transition from Disability Living Allowance to Personal Independence Payment

Eligibility

8.—(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a)the carer premium entitlement condition,

(b)the PIP daily living component refusal condition,

(c)the termination of carer’s allowance condition, and

(d)the termination of carer premium condition.

(2) The carer premium entitlement condition is that a person is in receipt of carer premium under—

(a)paragraph 17 or paragraph 20J of Schedule 1 to the Jobseekers’ Allowance Regulations (Northern Ireland) 1996(10),

(b)paragraph 8 of Schedule 4 to the Employment and Support Allowance Regulations (Northern Ireland) 2008(11), or

(c)paragraph 14ZA of Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 1987(12),

in respect of a caree, on the transition date.

(3) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(4) The termination of carer’s allowance condition is that, in consequence of the PIP daily living component refusal condition, the decision of the Department to award carer’s allowance is superseded by a decision of the Department to not award carer’s allowance.

(5) The termination of carer premium condition is that, in consequence of the termination of carer’s allowance condition, the decision of the Department to award carer premium is superseded by a decision of the Department to not award carer premium.

Amount

9.—(1) The amount of welfare supplementary payment payable is equal to the amount which was payable to the person under the award of carer premium on the date entitlement to the premium is lost.

(2) If the award of carer premium included an amount of premium in respect of more than one person, the amount of welfare supplementary payment payable is equal to the amount of carer premium lost on the date entitlement to that portion of the premium is lost.

Period of payment

10.—(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

(2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person’s entitlement to carer premium terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a)one year after the day on which it commences, or

(b)on 31st March 2020,

whichever is first to occur.

Termination of payment on award of carer premium

11.—(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to carer premium.

(2) The entitlement to carer premium must arise out of—

(a)a new award of carer premium,

(b)a revision under Article 10 of the 1998 Order,

(c)a supersession of a previous decision under Article 11 of the 1998 Order, or

(d)an appeal under Article 13 of the 1998 Order.

PART 4Welfare Supplementary Payment as a result of loss of Income Support on caree’s transition from Disability Living Allowance to Personal Independence Payment

Eligibility

12.—(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a)the income support entitlement condition,

(b)the carer condition,

(c)the PIP daily living component refusal condition, and

(d)the termination of income support condition.

(2) The income support entitlement condition is that the person is in receipt of income support under section 122 of the Contributions and Benefits Act(13) on the transition date.

(3) The carer condition is that entitlement to income support is due to—

(a)falling within a prescribed category of person under regulation 4ZA of the Income Support (General) Regulations (Northern Ireland) 1987(14),

(b)by virtue of satisfying paragraph 4(b) of Schedule 1B to those Regulations(15) in respect of a caree.

(4) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(5) The termination of income support condition is that in consequence of the PIP daily living component refusal condition, the decision of the Department to award income support is superseded by a decision of the Department to not award income support.

Amount

13.  The amount of welfare supplementary payment payable is equal to the weekly rate of carer’s allowance specified in paragraph 4 of Part 3 of Schedule 4 to the Contributions and Benefits Act(16) on the date entitlement to income support is lost.

Period of payment

14.—(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

(2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person’s entitlement to income support terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a)one year after the day on which it commences, or

(b)on 31st March 2020,

whichever is first to occur.

Termination of payment on award of income support

15.—(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to income support on the basis that the person’s entitlement to income support is due to falling within a prescribed category of person under regulation 4ZA of the Income Support (General) Regulations (Northern Ireland) 1987.

(2) The entitlement to income support must arise out of—

(a)a new claim for income support,

(b)a revision under Article 10 of the 1998 Order,

(c)a supersession of a previous decision under Article 11 of the 1998 Order, or

(d)an appeal under Article 13 of the 1998 Order.

PART 5Welfare Supplementary Payment following loss of the Additional Amount (Carer) of State Pension Credit on caree’s transition from Disability Living Allowance to Personal Independence Payment

Eligibility

16.—(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a)the additional amount (carer) entitlement condition,

(b)the PIP daily living component refusal condition, and

(c)the termination of additional amount (carer) condition.

(2) The additional amount (carer) entitlement condition is that a person is in receipt of additional amount (carer) in respect of a caree, on the transition date.

(3) In this Part, additional amount (carer) means the additional amount (in respect of the appropriate minimum guarantee) prescribed under regulation 6(6)(a) of the State Pension Credit Regulations (Northern Ireland) 2003(17), and appropriate minimum guarantee has the same meaning as in section 2(3) of the State Pension Credit Act (Northern Ireland) 2002(18).

(4) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(5) The termination of additional amount (carer) condition is that in consequence of the PIP daily living component refusal condition, the decision of the Department to award additional amount (carer) is superseded by a decision of the Department to not award additional amount (carer).

Amount

17.—(1) The amount of welfare supplementary payment payable is equal to the amount which was payable to the person under the award of additional amount (carer) on the date entitlement to additional amount (carer) is lost.

(2) If the award of additional amount (carer) included an amount in respect of more than one person, the amount of welfare supplementary payment payable is equal to the amount of additional amount (carer) lost on the date entitlement to that portion of the additional amount (carer) is lost.

Period of payment

18.—(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

(2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person’s entitlement to additional amount (carer) terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a)one year after the day on which it commences, or

(b)on 31st March 2020,

whichever is first to occur.

Termination of payment on award of additional amount (carer)

19.—(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to additional amount (carer).

(2) The entitlement to additional amount (carer) must arise out of—

(a)a new award of additional amount (carer),

(b)a revision under Article 10 of the 1998 Order,

(c)a supersession of a previous decision under Article 11 of the 1998 Order, or

(d)an appeal under Article 13 of the 1998 Order.

PART 6General

Termination of welfare supplementary payment if caree ceases to receive welfare supplementary payment for loss of disability living allowance

20.—(1) This regulation applies where the caree ceases to be entitled to welfare supplementary payment under the Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations 2016(19) (“the DLA Regulations”).

(2) Welfare supplementary payment under these Regulations must cease to be paid from the first payment of welfare supplementary payment under these Regulations following the date on which the caree ceased to be entitled to welfare supplementary payment under the DLA Regulations.

(3) Where further welfare supplementary payment is payable to the caree in accordance with regulation 6(4) of the DLA Regulations (appeal to the Commissioner), then further welfare supplementary payment is payable under Parts 2 to 5 of these Regulations as set out in paragraphs (4) and (5).

(4) The period during which further welfare supplementary payment is payable commences on the day following the day that leave to appeal to the Commissioner is granted as set out in regulation 6(5) of the DLA Regulations.

(5) The period during which welfare supplementary payment is payable ends—

(a)after the first payment following the date on which the decision of the Commissioner is received by the Department as set out in regulation 6(6) of the DLA Regulations, or

(b)on 31st March 2020,

whichever is first to occur.

(6) Where the caree’s entitlement to welfare supplementary payment under Part 2 of the DLA Regulations terminates but then recommences under regulation 14 of the DLA Regulations (eligibility under Part 4 following termination of welfare supplementary payment under Part 2), then paragraph (2) does not apply.

Termination of welfare supplementary payment if caree no longer entitled to personal independence payment

21.—(1) This regulation applies where the caree ceases to be entitled to personal independence payment.

(2) Welfare supplementary payment must cease to be paid from the day after the first payment of welfare supplementary payment following the date on which the caree ceases to be entitled to personal independence payment.

Termination of welfare supplementary payment on death of caree

22.—(1) Where the caree dies, welfare supplementary payment must cease to be paid at the expiry of 8 weeks beginning with the Sunday following the death (or beginning with the date of the death if the death occurred on a Sunday).

(2) The period of payment must not exceed the time limit set out in regulation—

(a)regulation 6(3),

(b)regulation 14(3), or

(c)regulation 18(3).

Review

23.—(1) The Department must establish procedures for reviewing a person’s entitlement to welfare supplementary payment.

(2) The procedures established must—

(a)provide for a review to be carried out on the application of any person, and

(b)provide for the manner of making the application.

(3) The procedures may, in particular, provide for—

(a)the consideration of the applicant’s entitlement to welfare supplementary payment by up to three persons nominated by the Department,

(b)the preparation of a report by these persons setting out their conclusions in relation to the applicant’s entitlement to welfare supplementary payment and their recommendation as to the manner in which the matter should be finally determined.

Disregards

24.  No account must be taken of entitlement to welfare supplementary payment in considering a person’s entitlement to benefit under a statutory provision relating to social security (irrespective of the name or nature of the benefit).

Residency and presence in Northern Ireland

25.  A person is not entitled to welfare supplementary payment unless the person and caree—

(a)are ordinarily resident in Northern Ireland, and

(b)are present in Northern Ireland.

Temporary absence from Northern Ireland

26.—(1) Subject to regulation 27, where the person or the caree are temporarily absent from Northern Ireland, they are treated as present in Northern Ireland for the purpose of these Regulations for the first 4 weeks of absence.

(2) The person or the caree are temporarily absent from Northern Ireland if, at the beginning of the period of absence, their absence is unlikely to exceed 52 weeks.

Temporary absence from Northern Ireland to receive medical treatment

27.—(1) Where the person or the caree are temporarily absent from Northern Ireland, they are treated as present in Northern Ireland for the purposes of these Regulations for the first 13 weeks of that absence, where—

(a)the absence is solely in connection with arrangements made for their medical treatment for a disease or bodily or mental disablement which commenced before they left Northern Ireland; and

(b)the arrangements referred to in sub-paragraph (a) relate to medical treatment—

(i)outside Northern Ireland,

(ii)during the period whilst the person or the caree are temporarily absent from Northern Ireland, and

(iii)by, or under the supervision of, a person appropriately qualified to carry out that treatment.

(2) In this regulation “temporarily absent” has the same meaning as in regulation 26(2).

Care home residents

28.—(1) Subject to regulation 31, no welfare supplementary payment is payable in respect of any period during which the person or the caree is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for the person or the caree are borne out of public funds by virtue of any of the statutory provisions referred to in paragraph (2).

(2) The statutory provisions are—

(a)Article 5, 15 or 36 the Health and Personal Social Services (Northern Ireland) Order 1972(20),

(b)the Mental Health (Northern Ireland) Order 1986(21),

(c)section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002(22), or

(d)any other statutory provision relating to persons under a disability or to young persons or to education or training except—

(i)Articles 50 and 51 of the Education and Libraries (Northern Ireland) Order 1986(23),

(ii)Article 30 of the Education and Libraries (Northern Ireland) Order 1993(24), or

(iii)Article 3 of the Education (Student Support) (Northern Ireland) Order 1998(25).

(3) Subject to paragraph (4), paragraph (1) does not apply in the case of a person—

(a)who has not attained the age of 18 and to whom—

(i)Article 17(b) of the Children (Northern Ireland) Order 1995(26) applies because the person’s health is likely to be significantly impaired, or further impaired, without the provision of services for the person, or

(ii)Article 17(c) of that Order applies, or

(b)who is accommodated outside the United Kingdom if the costs of any qualifying services are borne wholly or partly by an education authority pursuant to its powers under Article 11 of the Education (Northern Ireland) Order 1996(27).

(4) Paragraph (3)(a) only applies during any period in which the Regional Health and Social Care Board or the Health and Social Care Trust looking after the person places the person in a private dwelling with a family, or with a relative of the person, or with some other suitable person.

(5) In this regulation—

“care home” and “qualifying services” have the same meaning as in Article 90 of the Welfare Reform (Northern Ireland) Order 2015,

“Health and Social Care trust” means a body as established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(28), and

“the Regional Health and Social Care Board” means the body established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(29).

Hospital in-patients

29.—(1) Subject to regulation 31, no welfare supplementary payment is payable in respect of any period during which the person or the caree are undergoing medical or other treatment as an in-patient at a hospital or similar institution in circumstances in which any of the costs of the treatment, accommodation and related services provided are borne out of public funds.

(2) For the purposes of paragraph (1) the costs of treatment, accommodation or any related services are borne out of public funds if the person or the caree are undergoing medical or other treatment as an in-patient in—

(a)a hospital or similar institution under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Personal Social Services (Northern Ireland) Order 1991; or

(b)a hospital or similar institution maintained or administered by the Defence Council.

Prisoners

30.  Subject to regulation 31, no welfare supplementary payment is payable to a person under these Regulations for a period during which the person or the caree is in prison or detained in legal custody.

Exceptions: care homes, hospitals and prisons

31.  Regulation 28(1), 29(1) or, as the case may be, regulation 30 does not apply in respect of the first 28 days of any period during which a person is someone to whom any of those regulations apply.

Sealed with the Official Seal of the Department for Communities on 29th June 2016

(L.S.)

Brian Doherty

A senior officer of the Department for Communities

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