- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Social Security (Terminal Illness) Act (Northern Ireland) 2022, Section 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1.—(1) In the provisions listed in subsection (2) (provisions related to special rules which apply where death can reasonably be expected within 6 months), for “6” substitute “12”.
(2) The provisions are—
(a)section 66(2)(a) of the 1992 Act (attendance allowance and, by virtue of sections 72(5) and 73(12), also disability living allowance),
(b)Article 87(4) of the Welfare Reform (Northern Ireland) Order 2015 (personal independence payment),
(c)the definition of “terminally ill” in each of the following—
(i)regulation 2(1) of the Employment and Support Allowance Regulations (Northern Ireland) 2008,
(ii)regulation 2(1) of the Universal Credit Regulations (Northern Ireland) 2016,
(iii)regulation 2 of the Employment and Support Allowance Regulations (Northern Ireland) 2016, and
(iv)regulation 2(1) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016, and
(d)the second sentence of section 30B(4) of the 1992 Act (incapacity benefit etc).
(3) For each of sections 72(2)(b)(ii) and 73(9)(b)(ii) of the 1992 Act (care and mobility components of disability living allowance: person expected to die within 6 months must be likely to satisfy an entitlement condition until death) substitute—
“(ii)if expected to die within the period of 12 months beginning with that date, either the period of 6 months beginning with that date or the period beginning with that date and ending at death.”.
(4) In consequence of subsection (3), the 1992 Act is amended as follows—
(a)in each of sections 72(4)(a) and 73(11)(a), for “that mentioned in paragraph (b)” substitute “(as the case may be) the period mentioned in paragraph (b)(i), or a period mentioned in paragraph (b)(ii),”,
(b)in section 72(4)(b), for “those periods” substitute “the period mentioned in paragraph (a) of that subsection and (as the case may be) the period mentioned in paragraph (b)(i), or a period mentioned in paragraph (b)(ii), of that subsection”,
(c)in section 73(12)(b), for ““the period mentioned in subsection (9)(b)” substitute ““(as the case may be) the period mentioned in paragraph (b)(i), or a period mentioned in paragraph (b)(ii), of subsection (9)”, and
(d)in section 74(1), for “the periods mentioned in those paragraphs” substitute “the period mentioned in paragraph (a) of that subsection and (as the case may be) the period mentioned in paragraph (b)(i), or a period mentioned in paragraph (b)(ii), of that subsection”.
(5) In regulation 1(2) of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992, in the definition of “terminally ill”, after “section 66(2)” insert “(as amended by the Social Security (Terminal Illness) Act (Northern Ireland) 2022)”.
(6) In regulation 1(2) of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992, in the definition of “terminally ill”, for “same meaning as in section 35(2C) of the Act” substitute “meaning given by section 66(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”.
(7) An amendment made by this section does not prevent or restrict the exercise of any power to amend or revoke the provision amended.
(8) An amendment made by subsections (1) and (2) does not apply for the purposes of—
(a)regulation 4ZE of the Individual Savings Account Regulations 1998, or
(b)regulation 18A of the Child Trust Funds Regulations 2004.
(9) In this section “the 1992 Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
Commencement Information
I1S. 1 not in operation at Royal Assent, see s. 3(2)
I2S. 1 in operation at 4.4.2022 by S.R. 2022/171, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: