Made | 29th March 2002 | ||
Coming into operation | 8th April 2002 |
Amendment of the Social Security (Attendance Allowance) Regulations
4.
- (1) The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992[15] shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 7 (persons in certain accommodation other than hospitals) -
(3) Regulation 7A[19] (persons to whom regulations 7 and 8 apply with modifications) shall be omitted.
(4) Schedule 2[20] (persons to whom regulations 7 and 8 apply with modifications) shall be omitted.
Amendment of the Social Security (Disability Living Allowance) Regulations
5.
- (1) The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992[21] shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 9 (persons in certain accommodation other than hospitals) -
(d) paragraph (7A)[24] shall be omitted.
(3) Regulation 9A[25] (persons to whom regulations 9 and 10 apply with modifications) shall be omitted.
(4) Schedule 2A[26] (persons to whom regulations 9 and 10 apply with modifications) shall be omitted.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
6.
In Schedule 2A to the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[27] (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or a jobseeker's allowance) -
(b) after paragraph 8(a), there shall be inserted the following sub-paragraph -
Sealed with the Official Seal of the Department for Social Development on
29th March 2002.
L.S.
John O'Neill
Senior Officer of the Department for Social Development
and in paragraph (c) "personal care" means personal care for persons in need of personal care by reason of old age and infirmity, disablement, past or present dependence on alcohol or drugs or past or present mental disorder;";
(b) after paragraph (1) there shall be inserted the following paragraph -
(b) for the first 3 weeks of any other period of absence.".
2.
In regulation 6(4)[31] (persons not treated as in remunerative work), for sub-paragraph (d) there shall be substituted the following sub-paragraph -
3.
In regulation 17(4)(a)(iii) (applicable amounts), for "either of the provisions referred to in sub-paragraph (a) or (b) of" there shall be substituted "the provisions referred to in".
4.
In regulation 18(1)[32] (polygamous marriages), for "regulations 19" there shall be substituted "regulations 21".
5.
Regulation 19 (persons in homes for persons in need and nursing homes) shall be omitted.
6.
In regulation 21 (special cases) -
7.
In regulation 22A(1)[39] (reduction in applicable amount where the claimant is appealing against a decision which embodies a determination that he is not incapable of work), sub-paragraph (b) shall be omitted.
8.
In regulation 51(3)(a)(ii) (notional capital)[40], "or accommodation charge to the extent that it is met under regulation 19 (persons in residential care homes and nursing homes)" shall be omitted.
9.
In regulation 66B(3)[41] (treatment of payments from access funds) -
10.
In regulation 68(3)[42] (income treated as capital) -
11.
In regulation 71 (applicable amounts in urgent cases) -
12.
In regulation 73 (amount of income support payable) -
13.
In paragraph 2A[43] of Schedule 2 (applicable amounts: residential allowance) -
(c) in sub-paragraph (3), for "for the purposes of regulation 19" there shall be substituted "within the meaning of regulation 2(1)";
(d) sub-paragraph (4A)[45] shall be omitted;
(e) after sub-paragraph (5) there shall be added the following sub-paragraph -
14.
Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes) shall be omitted.
15.
In Schedule 7 (applicable amounts in special cases) -
(e) in column (2) of paragraph 11[49], "or 19" shall be omitted from each place where it appears;
(f) in column (2) of paragraph 11A[50], ", 19" shall be omitted from each place where it appears;
(g) in column (2) of paragraph 12[51], ", 19" shall be omitted from each place where it appears;
(h) in column (2) of paragraph 12A[52], ", 19" shall be omitted from each place where it appears;
(i) paragraph 14 shall be omitted;
(j) in column (2) of paragraph 14A[53], "19 or" shall be omitted in each place where it appears;
(k) paragraph 16 shall be omitted;
(l) in column (2) of paragraph 17A[54], in sub-paragraph (2), "or Schedule 4 (applicable amounts of persons in homes for persons in need and nursing homes)" shall be omitted.
16.
In Schedule 8 (sums to be disregarded in the calculation of earnings) -
17.
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) -
(ii) sub-paragraph (6)[60] shall be omitted;
(c) in paragraph 15A[61], sub-paragraph (3) shall be omitted;
(d) in paragraph 15B[62], head (a) in sub-paragraph (1) shall be omitted;
(e) in paragraph 30(1)(e), for "increased, where appropriate, in accordance with paragraph 2 of Schedule 4 (applicable amounts of persons in residential care homes and nursing homes) exceeds the amount determined in accordance with regulation 19 (residential care and nursing homes) or" there shall be substituted "exceeds";
(f) in paragraph 30A[63] -
(g) in paragraph 67(2)[64], "or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes)" shall be omitted.
18.
In paragraph 54(2)[65] of Schedule 10[66] (capital to be disregarded), "or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes)" shall be omitted.
(b) for the first 3 weeks of any other period of absence.".
2.
In regulation 53 (persons treated as not engaged in remunerative work), for paragraph (c) there shall be substituted the following paragraph -
3.
In regulation 82[68] (income-based jobseeker's allowance) -
4.
In regulation 83 (applicable amounts), "or 86" shall be omitted.
5.
In regulation 84(1) (polygamous marriages), for ", 85" there shall be substituted "or 85" and "or 86" and "and for those in residential care and nursing homes" shall be omitted.
6.
In regulation 85 (special cases) -
7.
Regulation 86 (applicable amounts for persons in residential care and nursing homes) shall be omitted.
8.
In both regulations 86A (applicable amounts for joint-claim couples) and 86B[69] (applicable amounts for joint-claim couples: polygamous marriages), for ", 86C (special cases)" there shall be substituted "or 86C" and "or 86D (members of joint-claim couples in residential care and nursing homes)" shall be omitted.
9.
In regulation 86C[70] (joint-claim couples: special cases) -
10.
Regulation 86D[71] (applicable amount for a joint-claim couple where a member is in a residential care or nursing home) shall be omitted.
11.
In regulation 113(3)(a)(ii)[72] (notional capital) -
12.
In regulation 136A(3)[73] (treatment of payments from access funds) -
13.
In regulation 138(3)[74] (income treated as capital) -
14.
In regulation 148 (applicable amount in urgent cases) -
15.
In regulation 148A[75] (applicable amount in urgent cases: joint-claim couples) -
16.
Regulation 151 (amount of jobseeker's allowance payable where a person is in a residential care or nursing home) shall be omitted.
17.
In paragraph 3 of Schedule 1 (applicable amounts: residential allowance) -
(c) sub-paragraph (5) shall be omitted;
(d) after sub-paragraph (6) there shall be added the following sub-paragraph -
18.
Schedules 3 (applicable amounts of persons in residential care and nursing homes) and 3A[77] (applicable amount of a joint-claim couple where a member is in a residential care or nursing home) shall be omitted.
19.
In Schedule 4 (applicable amounts in special cases) -
(c) in column (2) of paragraph 11, "or 86, as the case may be," shall be omitted from each place where it appears;
(d) in column (2) of paragraph 13A[79] -
(e) paragraphs 16 and 17 shall be omitted;
(f) in column (2) of paragraph 17A[80] -
20.
In Schedule 4A[82] (applicable amounts of joint-claim couples in special cases) -
(c) in column (2) of paragraph 8, for "86D, as the case may be,", in each place where it appears, there shall be substituted "86C";
(d) paragraphs 10 and 11 shall be omitted.
21.
In Schedule 5 (sums to be disregarded in the calculation of earnings) -
22.
In Schedule 5A[83] (sums to be disregarded in the calculation of earnings of members of joint-claim couples) -
23.
In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) -
(ii) sub-paragraph (6) shall be omitted;
(c) in paragraph 16, sub-paragraph (3) shall be omitted;
(d) paragraph 16A[84] shall be omitted;
(e) in paragraph 31(1)(e), for "increased, where appropriate, in accordance with paragraph 2 of Schedule 3 exceeds the amount determined in accordance with regulation 86 (residential care and nursing homes) or" there shall be substituted "exceeds";
(f) in paragraph 32 -
(g) in paragraph 65(2)[85], "or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes)" shall be omitted.
24.
In paragraph 49(2) of Schedule 7[86] (capital to be disregarded), "or any accommodation charges to the extent that they are met under regulation 86 (persons in residential care or nursing homes)" shall be omitted.
[2] 1992 c. 7; section 123(1)(e) was inserted by paragraph 13(5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 and section 133(2)(d) was substituted by paragraph 18(3) of Schedule 2 to that Orderback
[3] S.I. 1995/2705 (N. I. 15); Article 15(3) was amended by paragraph 10(3) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))back
[4] S.I. 1998/1506 (N.I. 10)back
[5] See Article 8(b) of S.R. 1999 No. 481back
[8] S.R. 1987 No. 459; relevant amending Regulations are S.R. 1988 Nos. 146, 274, 318 and 431, S.R. 1989 Nos. 139 and 249, S.R 1990 No. 131, S.R. 1991 Nos. 170 and 345, S.R. 1992 No. 147, S.R. 1993 Nos. 149, 165, 235 and 373, S.R. 1994 No. 77, S.R. 1996 Nos. 78, 199, 449 and 489, S.R. 1998 Nos. 326 and 421, S.R. 1999 No. 342, S.R. 2000 Nos. 71, 74, 242 and 366 and S.R. 2001 No. 78back
[9] S.R. 1996 No. 198; relevant amending Regulations are S.R. 1996 No. 358, S.R. 1998 No. 326, S.R. 1999 No. 342 and S.R. 2000 Nos. 71, 241, 242 and 350back
[10] S.R. 1987 No. 465; Schedule 8A was inserted by regulation 2(3) of, and the Schedule to, S.R. 1988 No. 67; relevant amending Regulations are S.R. 1991 No. 488, S.R. 1993 Nos. 149 and 375 and S.R. 1996 No. 354back
[11] Definition inserted by regulation 6(7)(a)(ii) of S.R. 1991 No. 488 and amended by paragraph 3(3) of Schedule 2 to S.R. 1993 No. 149back
[12] Sub-paragraph (1) was substituted by paragraph 2(2) of Schedule 1 to S.R. 1993 No. 149 and head (a) was amended by regulation 2(26)(d)(ii) of S.R. 1996 No. 354back
[13] Head (b) was amended by regulation 2(26)(d)(iii) of S.R. 1996 No. 354back
[14] Head (ab) was inserted by regulation 3(11)(b) of S.R. 1993 No. 375 and amended by regulation 2(26)(e) of S.R. 1996 No. 354back
[15] S.R. 1992 No. 20; relevant amending Regulations are S.R. 1993 Nos. 149 and 165 and S.R. 1994 No. 263back
[16] Paragraph (1) was amended by regulation 5(2) of S.R. 1993 No. 149, regulation 2(2)(a) of S.R. 1993 No. 165 and regulation 2(2)(a) of S.R. 1994 No. 263back
[17] Paragraph (4) was amended by paragraph 2 of Schedule 2 to S.R. 1993 No. 149 and regulation 2(2)(c) of S.R. 1993 No. 165back
[18] Paragraph (4A) was inserted by regulation 2(2)(d) of S.R. 1993 No. 165 and amended by regulation 2(2)(c) of S.R. 1994 No. 263back
[19] Regulation 7A was inserted by regulation 2(3) of S.R. 1994 No. 263back
[20] Schedule 2 was added by regulation 2(6) of, and Schedule 1 to, S.R. 1994 No. 263back
[21] S.R. 1992 No. 32; relevant amending Regulations are S.R. 1992 No. 481, S.R. 1993 Nos. 149 and 165 and S.R. 1994 No. 263back
[22] Paragraph (1) was amended by regulation 3(3)(a) of S.R. 1992 No. 481, regulation 3(2)(a) of S.R. 1994 No. 263 and regulation 3(2)(a) of S.R. 1993 No. 165back
[23] Paragraph 7 was amended by paragraph 4 of Schedule 2 to S.R. 1993 No. 149 and regulation 3(2)(d) of S.R. 1993 No. 165back
[24] Paragraph (7A) was inserted by regulation 3(2)(e) of S.R. 1993 No. 165back
[25] Regulation 9A was inserted by regulation 3(3) of S.R. 1994 No. 263back
[26] Schedule 2A was inserted by regulation 3(6) of, and Schedule 2 to, S.R. 1994 No. 263back
[27] S.R. 1999 No. 162; Schedule 2A was inserted by regulation 6(22) of, and Schedule 1 to, S.R. 2000 No. 215back
[28] The definition of "residential care home" was inserted by regulation 2(2)(d) of S.R. 1993 No. 149back
[29] The definition of "residential accommodation" was substituted by regulation 2(c) of S.R. 1988 No. 318 and amended by paragraph 1 of Schedule 1 to S.R. 1989 No. 139back
[30] The definition of "preserved right" was inserted by regulation 2(2)(c) of S.R. 1993 No. 149back
[31] Regulation 6(4) was added by regulation 2(b)(iii) of S.R. 2000 No. 74back
[32] Regulation 18(1) was amended by regulation 5(a) of S.R. 1988 No. 274 and regulation 10(a)(i) of S.R. 1996 No. 199back
[33] Paragraph (1) was amended by regulation 4(3) of S.R. 1994 No. 77, regulation 12 of S.R. 1996 No. 199 and regulation 2(2) of S.R. 1996 No. 449back
[34] Paragraph (1A) was inserted by regulation 3 of S.R. 1991 No. 170back
[35] Paragraph 10A was inserted by regulation 34(b) of S.R. 1988 No. 146back
[36] Paragraph 10B was inserted by regulation 34(b) of S.R. 1988 No. 146back
[37] Paragraph 10C was inserted by regulation 19(c) of S.R. 1988 No. 431back
[38] Paragraph (3A) was inserted by regulation 2(b) of S.R. 1991 No. 345 and amended by paragraph 6(6) of Schedule 2 to S.R. 1993 No. 149 and regulation 2 of S.R. 1996 No. 489back
[39] Regulation 22A was inserted by regulation 13 of S.R. 1996 No. 199back
[40] Paragraph (3) was substituted by regulation 11(a) of S.R. 1988 No. 318 and amended by paragraph 7 of Schedule 1 to S.R. 1989 No. 139, paragraph 6(8) of Schedule 2 to S.R. 1993 No. 149 and regulation 3(2)(a) of S.R. 1998 No. 326back
[41] Regulation 66B was inserted by regulation 2(5) of S.R. 2000 No. 242back
[42] Regulation 68 was amended by regulation 2(6) of S.R. 2000 No. 242back
[43] Paragraph 2A was inserted by regulation 2(6) of S.R. 1993 No. 149back
[44] Sub-paragraph (2) was amended by regulation 2(2)(a) of S.R. 1993 No. 235back
[45] Sub-paragraph (4A) was inserted by regulation 2(2)(b) of S.R. 1993 No. 235back
[46] Paragraph 1 was amended by regulation 19(a) of S.R. 1990 No. 131back
[47] Paragraph 10A was inserted by regulation 34(b) of S.R. 1988 No. 146 and amended by regulation 8 of, and paragraph 13(a) of Schedule 1 to, S.R. 1989 No. 139back
[48] Paragraph 10B was inserted by regulation 34(b) of S.R. 1988 No. 146 and amended by regulation 8 of, and paragraph 13(a) of Schedule 1 to, S.R. 1989 No. 139back
[49] Paragraph 11 was amended by regulation 22 of S.R 1988 No. 318 and paragraph 13(c) of Schedule 1 to S.R. 1989 No. 139back
[50] Paragraph 11A was inserted by regulation 19(h) of S.R 1990 No. 131back
[51] Paragraph 12 was substituted by regulation 19(i) of S.R. 1990 No. 131back
[52] Paragraph 12A was inserted by regulation 19(j) of S.R. 1990 No. 131back
[53] Paragraph 14A was inserted by regulation 5(10)(a) of S.R. 2000 No. 71back
[54] Paragraph 17A was inserted by regulation 7(a) of S.R. 2001 No. 78back
[55] Paragraph 4 was substituted by regulation 9 of S.R. 1989 No. 139 and amended by regulation 6(14)(a), (b) and (c) of Schedule 2 to S.R. 1993 No. 149back
[56] Paragraph 15 was amended by regulation 12 of S.R. 1992 No. 147, paragraph 14(b) of Schedule 1 to S.R. 1989 No. 139 and regulation 3 of S.R. 2000 No. 366back
[57] Paragraph 9 was substituted by regulation 4(5)(a) of S.R. 1993 No. 165back
[58] Paragraph 15 was substituted by regulation 20(a) of S.R. 1990 No. 131back
[59] Sub-paragraph (2) was amended by regulation 4(22)(b)(i) of S.R. 1993 No. 373, paragraph 1(7)(a) of Schedule 1 to S.R. 1993 No. 149 and regulation 4(9)(a) of S.R. 1994 No. 77back
[60] Sub-paragraph (6) was substituted by regulation 4(22)(b)(iii) of S.R. 1993 No. 373back
[61] Paragraph 15A was inserted by regulation 4(5)(c) of S.R. 1993 No. 165back
[62] Paragraph 15B was inserted by regulation 2 of S.R. 1996 No. 78back
[63] Paragraph 30A was inserted by regulation 4(22)(e) of S.R. 1993 No. 373back
[64] Paragraph 67 was added by regulation 5(4) of S.R. 1999 No. 342back
[65] Paragraph 54 was added by regulation 5(5) of S.R. 1999 No. 342back
[66] Schedule 10 was modified to include paragraphs 52 and 53 by regulation 16(2)(d) of S.R. 1998 No. 421back
[67] Paragraph (2E) was inserted by regulation 4(2)(b) of S.R. 2000 No. 241back
[68] Regulation 82 was substituted by regulation 2(5) of, and paragraph 34 of Schedule 2 to, S.R. 2000 No. 350back
[69] Regulations 86A and 86B were inserted by regulation 2(5) of, and paragraph 35 of Schedule 2 to, S.R. 2000 No. 350back
[70] Regulation 86C was inserted by regulation 2(5) of, and paragraph 35 of Schedule 2 to, S.R. 2000 No. 350back
[71] Regulation 86D was inserted by regulation 2(5) of, and paragraph 35 of Schedule 2 to, S.R. 2000 No. 350back
[72] Paragraph (3) was amended by regulation 3(1)(a) of S.R. 1998 No. 326 and paragraph 44 of Schedule 2 to S.R. 2000 No. 350back
[73] Regulation 136A was inserted by regulation 3(7) of S.R. 2000 No. 242back
[74] Regulation 138 was amended by regulation 3(8) of S.R. 2000 No. 242back
[75] Regulation 148A was inserted by regulation 2(5) of, and paragraph 47 of Schedule 2 to, S.R. 2000 No. 350back
[76] Sub-paragraph (1) was amended by paragraph 53(3) of Schedule 2 to S.R. 2000 No. 350back
[77] Schedule 3A was inserted by regulation 2(5) of, and paragraph 55 of Schedule 2 to, S.R. 2000 No. 350back
[78] Paragraph 10 was amended by regulation 2(5) of, and paragraph 56(a)(ii) of Schedule 2 to, S.R. 2000 No. 350back
[79] Paragraph 13A was inserted by regulation 10(7)(a) of S.R. 2000 No. 71back
[80] Paragraph 17A was added by regulation 2(5) of, and paragraph 56(b)(i) of Schedule 2 to, S.R. 2000 No. 350back
[81] Head (a) was added by regulation 2(5) of, and paragraph 56(b)(ii) of Schedule 2 to, S.R. 2000 No. 350back
[82] Schedule 4A was inserted by regulation 2(5) of, and paragraph 57 of Schedule 2 to, S.R. 2000 No. 350back
[83] Schedule 5A was inserted by regulation 2(5) and paragraph 58 of, Schedule 2 to, S.R. 2000 No. 350back
[84] Paragraph 16A was inserted by regulation 32 of S.R. 1996 No. 358back
[85] Paragraph 65 was added by regulation 6(4) of S.R. 1999 No. 342back
[86] Paragraph 49 was added by regulation 6(5) of S.R. 1999 No. 342back