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

Document Number:2011 No. 356
Coming into force:Coming into force on the 10/10/2011
 
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Statutory Rules of Northern Ireland

Social Security

Made

10 th October 2011

Coming into operation

31 st October 2011

The Department for Social Development is designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to social security(2).

Accordingly the Department for Social Development makes these Regulations in exercise of the powers conferred by section 2(2) of that Act, sections 75(1) and 171(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3) , sections 5(1)(b) and 165(4) of the Social Security Administration (Northern Ireland) Act 1992(4) and Articles 11(6) and 74(3) of the Social Security (Northern Ireland) Order 1998(5) and now vested in it(6).

Citation and commencement

  1. These Regulations may be cited as the Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 and shall come into operation on 31 st October 2011.

    Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act

  2. —(1) The Social Security Contributions and Benefits (Northern Ireland) Act 1992 is amended in accordance with paragraphs (2) to (5).

    (2) In section 65 (attendance allowance: period and rate of allowance) , after subsection (6) add—

    “(7) A person to whom either Regulation (EC) No 1408/71(7) or Regulation (EC) No 883/2004(8) applies shall not be entitled to an attendance allowance for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.”.

    (3) In section 70 (carer’s allowance) , after subsection (4) insert—

    “(4 A) A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to an allowance under this section for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.”.

    (4) In section 72 (disability living allowance: the care component) , after subsection (7 A)(9) insert—

    “(7 B) A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to the care component of a disability living allowance for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.”.

    (5) In section 121(1) (interpretation of Parts I to VI) , after the definition of “qualifying young person”(10) insert—

    ““Regulation (EC) No 1408/71” means Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community;

    “Regulation (EC) No 883/2004” means Regulation (EC) No 883/2004 of the European Parliament and of the Council...

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