Part III

Non-Contributory Benefits

Attendance allowance

Attendance allowance for the terminally ill.
66
1
If a terminally ill person makes a claim expressly on the ground that he is such a person, then—
a
he shall be taken—
i
to satisfy, or to be likely to satisfy, both the day attendance condition and the night attendance condition for so much of the period for which he is terminally ill as does not fall before the date of the claim; and
ii
to have satisfied those conditions for the period of 6 months immediately preceding the date of the claim or, if later, the first date on which he is terminally ill (so however that no allowance shall be payable by virtue of this sub-paragraph for any period preceding that date); and
b
the period for which he is entitled to attendance allowance shall be so much of the period for which he is terminally ill as does not fall before the date of the claim.
2
For the purposes of subsection (1) above—
a
a person is “terminally ill” at any time if at that time he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 12 months; and
b
where a person purports to make a claim for an attendance allowance by virtue of that subsection on behalf of another, that other shall be regarded as making the claim, notwithstanding that it is made without his knowledge or authority.
Pt. III (ss. 63-79) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).
Pt. III (ss. 63-79): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).
Words in s. 66(1)(a)(i) substituted (12.1.2000) by S.I. 1999/3147 (N.I. 11), art. 63(2)(a); S.R. 1999/494, art. 2(3)
Words in s. 66(1)(a)(ii) substituted (12.1.2000) by S.I. 1999/3147 (N.I. 11), art. 63(2)(b); S.R. 1999/494, art. 2(3)
Words in s. 66(1)(b) substituted (12.1.2000) by S.I. 1999/3147 (N.I. 11), art. 63(2)(c); S.R. 1999/494, art. 2(3)
S. 66(2)(a) modified (6.4.2023) by The Individual Savings Account Regulations 1998 (S.I. 1998/1870), reg. 4ZE(2)(b)(6) (as amended by S.I. 2023/264, regs. 1, 4)
Word in s. 66(2)(a) substituted (4.4.2022) by Social Security (Terminal Illness) Act (Northern Ireland) 2022 (c. 7), ss. 1(1)(2)(a), 3(2) (with s. 1(8)); S.R. 2022/171, art. 2