Statutory Rules of Northern Ireland
1996 No. 521

SOCIAL SECURITY
The Social Security (Invalid Care Allowance) (Amendment) Regulations (Northern Ireland) 1996

Made
5th November 1996

Coming into operation
25th November 1996

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 70 and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security (Invalid Care Allowance) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 25th November 1996.

Amendment of the Social Security (Invalid Care Allowance) Regulations

2.—(1) The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976(2) shall be amended in accordance with paragraphs (2) to (10) of this regulation.

(2) In regulation 2 (interpretation) for paragraph (1) there shall be substituted the following paragraph—

“(1) In these regulations “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992.”.

(3) In regulation 3(1) (prescribed payments, etc.)—

(a)for “section 37 of the Act” there shall be substituted “section 70 of the Contributions and Benefits Act”;

(b)for “section 61 of the Act” there shall be substituted “section 104 of the Contributions and Benefits Act”;

(c)for “paragraph 7(a) of Part V of Schedule 4 to the Act” there shall be substituted “paragraph 2(a) of Part V of Schedule 4 to the Contributions and Benefits Act”.

(4) In regulation 5(1)(3) (circumstances in which persons are to be regarded as receiving full-time education) for “section 37(3) of the Act” there shall be substituted “section 70(3) of the Contributions and Benefits Act”.

(5) In the heading to regulation 6(4) (severely disabled persons, etc.) and in that regulation for “section 37(1)(c) of the Act” there shall be substituted “section 70(1)(c) of the Contributions and Benefits Act”.

(6) In the heading to regulation 7 (manner of electing the person entitled to an invalid care allowance, etc.) and in that regulation for “section 37(7) of the Act” there shall be substituted “section 70(7) of the Contributions and Benefits Act”.

(7) In regulation 8 (circumstances in which a person is or is not to be treated as gainfully employed)—

(a)in paragraph (1) for “section 37(1)(b) of the Act” there shall be substituted “section 70(1)(b) of the Contributions and Benefits Act”;

(b)in paragraph (2) “and” at the end of sub-paragraph (a), and sub-paragraph (c) shall be omitted.

(8) In regulation 9(1) (conditions relating to residence and presence in Northern Ireland) for “section 37(4) of the Act” there shall be substituted “section 70(4) of the Contributions and Benefits Act”.

(9) In regulation 10 (circumstances in which a person over the age of 65 is to be treated as having been entitled to invalid care allowance, etc.) for “section 37(5) of the Act” there shall be substituted “section 70(5) of the Contributions and Benefits Act”.

(10) In regulation 11 (invalid care allowance for persons over the age of 65) for “section 37(1)(a) or (b) of the Act” there shall be substituted “section 70(1)(a) or (b) of the Contributions and Benefits Act”.

Saving

3.  In a case where regulation 8(2)(c) of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 applied immediately before 25th November 1996, that regulation shall continue to apply in respect of any continuous period throughout which a person is entitled to an invalid care allowance in respect of a severely disabled person and which began on a date before 25th November 1996, as if regulation 2(7)(b) of these Regulations had not been made.

Revocation

4.  Regulation 5(2) of the Social Security (Severe Disablement Allowance and Invalid Care Allowance) (Amendment) Regulations (Northern Ireland) 1994(5) is hereby revoked.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 5th November 1996.

L.S.
John O'Neill
Assistant Secretary

Explanatory Note

(This note is not part of the Regulations.)
Regulation 2, except for paragraph (7)(b), substitutes for references to the Social Security (Northern Ireland) Act 1975 throughout the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (“the principal Regulations”) equivalent references to the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
Regulation 8(1) of the principal Regulations provides that a person is not to be treated as gainfully employed on any day in a week unless his earnings in the immediately preceding week have exceeded a specified amount and paragraph (2) sets out earnings which are to be disregarded for the purposes of paragraph (1). Regulation 2(7)(b) of these Regulations omits regulation 8(2)(c) of the principal Regulations which provides that there is to be so disregarded a person’s earnings in the week immediately preceding the week in respect of which that person (if his earnings in that week were disregarded) would first become entitled to an invalid care allowance.
Regulation 3 makes a saving provision in respect of any continuous period of entitlement before 25th November 1996.
Regulation 4 makes a consequential revocation.
These Regulations correspond to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.


(1)
1992 c. 7; section 70 was amended by S.R. 1994 No. 370

(2)
S.R. 1976 No. 99; relevant amending regulations are S.R. 1981 No. 142, S.R. 1992 No. 95, S.R. 1993 No. 72, S.R. 1994 No. 370, S.R. 1995 No. 429 and S.R. 1996 No. 11

(3)
Regulation 5 was substituted by regulation 2 of S.R. 1992 No. 95

(4)
Regulation 6 was substituted by regulation 2 of S.R. 1981 No. 142

(5)
S.R. 1994 No. 370