The Jobseeker’s Allowance Regulations (Northern Ireland) 1996

Additional Conditions for Higher Pensioner and Disability Premium

14.—(1) The additional conditions specified in this paragraph are that—

(a) the claimant or, as the case may be, his partner, is in receipt of either disability working allowance or mobility supplement;

(b) the claimant’s partner is in receipt of severe disablement allowance;

(c) the claimant or, as the case may be, his partner, is in receipt of attendance allowance or disability living allowance or is a person whose disability living allowance is payable, in whole or in part, to another in accordance with regulation 43 of the Claims and Payments Regulations(1) (payment of disability living allowance on behalf of third party);

(d) the claimant’s partner is in receipt of long-term incapacity benefit or is a person to whom section 30B(4) of the Benefits Act(2) (long-term rate of incapacity benefit payable to those who are terminally ill) applies;

(e) the claimant or, as the case may be, his partner, has an invalid carriage or other vehicle provided to him by the Department under Article 30(1) of the 1972 Order or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977(3) or under section 46 of the National Health Service (Scotland) Act 1978(4) or receives payments by way of grant from the Department under Article 30(3) of the 1972 Order;

(f) the claimant or, as the case may be, his partner, is a person who is entitled to the mobility component of disability living allowance but to whom the component is not payable in accordance with regulation 41 of the Claims and Payments Regulations(5) (cases where the mobility component of disability living allowance not payable);

(g) the claimant’s partner was either—

(i) in receipt of long-term incapacity benefit under section 30A(5) of the Benefits Act(6) immediately before attaining pensionable age and he is still alive, or

(ii) entitled to attendance allowance or disability living allowance but payment of that benefit was suspended in accordance with regulations under section 113(2) of the Benefits Act or otherwise abated as a consequence of the partner becoming a patient within the meaning of regulation 85(4) (special cases),

and in either case the higher pensioner premium or disability premium had been applicable to the claimant or his partner;

(h) the claimant or, as the case may be, his partner, is registered as blind in a register maintained by or on behalf of a Health and Social Services Board under Article 16 of the 1972 Order.

(2) For the purposes of sub-paragraph (1)(h), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

(1)

Regulation 43 was amended by regulation 22 of S.R. 1992 No. 7

(2)

Section 30B was inserted by Article 4(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

(3)

1977 c. 49

(4)

1978 c. 29

(5)

Regulation 41 was amended by regulation 20 of S.R. 1992 No. 7

(6)

Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994