The Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 2011

Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations

5.  In regulation 7 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1) (date from which a decision superseded under Article 11 takes effect)—

(a) in paragraph (9) at the beginning insert “Except where paragraph (9A) applies,”;

(b) after paragraph (9) insert—

“(9A) Where—

(a) on or after 8th March 2001, the claimant had an award of attendance allowance, carer’s allowance or the care component of disability living allowance;

(b) the Department made a superseding decision in accordance with regulation 6(2)(a) to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant’s moving, or planning to move, from Northern Ireland to an EEA State or Switzerland; and

(c) the Department supersedes that decision in accordance with regulation 6(2)(b)(i) on the ground that it was erroneous in point of law,

the superseding decision referred to in sub-paragraph (c) shall take effect from 18th October 2007.

(9B) In paragraph (9A)—

“EEA State”, in relation to any time, means—

(a)

a state which at that time is a member State; or

(b)

any other state which at that time is a party to the EEA Agreement,

and in this definition “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, as modified or supplemented from time to time..”.

(1)

S.R. 1999 No. 162; paragraph (9) was substituted by regulation 2(2) of S.R. 2000 No. 3 and amended by regulation 3(6)(d) of S.R. 2003 No. 224 and regulation 3(4)(e) of S.R. 2008 No. 417