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The Social Security (Terminal Illness) (2022 Act) (Commencement) Order (Northern Ireland) 2022

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Statutory Rules of Northern Ireland

2022 No. 171 (C. 18)

Social Security

The Social Security (Terminal Illness) (2022 Act) (Commencement) Order (Northern Ireland) 2022

Made

1st April 2022

The Department for Communities makes the following Order in exercise of the powers conferred by section 3(2) of the Social Security (Terminal Illness) Act (Northern Ireland) 2022(1).

Citation

1.  This Order may be cited as the Social Security (Terminal Illness) (2022 Act) (Commencement) Order (Northern Ireland) 2022.

Appointed day

2.  The day appointed for the coming into operation of section 1 (special rules to apply where death expected within 12 months) of the Social Security (Terminal Illness) Act (Northern Ireland) 2022 is 4th April 2022.

Sealed with the Official Seal of the Department for Communities on 1st April 2022

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation certain provisions of the Social Security (Terminal Illness) Act (Northern Ireland) 2022 (“the Act”) in accordance with Article 2.

Article 2 commences section 1 of the Act which:

  • amends the life expectancy timeframe to 12 months in the definitions of “terminally ill” which are used for the purposes of enabling fast tracked access to Attendance Allowance, Disability Living Allowance, Personal Independence Payment, Employment and Support Allowance and Universal Credit;

  • applies the new timeframe for the purposes of provisions in decisions and appeals legislation and that relating to premia and disregards in certain income-related benefits;

  • includes technical and consequential amendments to give full effect to the main change in the Act;

  • makes provision to ensure that the amendments made by the Act do not apply for the purposes of the Individual Savings Account Regulations 1998 (S.I. 1998/1870) and the Child Trust Funds Regulations 2004 (S.I. 2004/1450), which relate to excepted matters.

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