The Welfare Supplementary Payment (Loss of Carer Payments) Regulations (Northern Ireland) 2016

PART 2 N.I. Welfare Supplementary Payment as a result of loss of Carer's Allowance on caree's transition from Disability Living Allowance to Personal Independence Payment

Eligibility N.I.

4.—(1) A person is entitled to welfare supplementary payment under this Part if the following conditions are met—

(a) the carer's allowance entitlement condition,

(b) the PIP daily living component refusal condition, and

(c) the termination of carer's allowance condition.

(2) The carer's allowance entitlement condition is that a person is in receipt of carer's allowance under section 70 of the Contributions and Benefits Act M1 , in respect of a caree, on the transition date.

(3) The PIP daily living component refusal condition is that following a transitional assessment determination the caree is not awarded the daily living component of personal independence payment.

(4) The termination of carer's allowance condition is that, in consequence of the PIP daily living component refusal condition, the decision of the Department to award carer's allowance is superseded by a decision of the Department to not award carer's allowance.

Marginal Citations

M1 Section 70 was amended by regulations 2(2) and 3 of S.R. 2002 No. 321, regulation 2(3) of S.R. 2011 No. 356 and is amended by regulation 5(2) of S.R. 2016 No. 228

Amount N.I.

5.—(1) Where a person is entitled to a contributory benefit, the amount of welfare supplementary payment payable is given by the formula—

where —

WSP is welfare supplementary payment,

CA is the carer's allowance payable to the person on the date entitlement to the allowance is lost, and

CB is the amount of contributory benefit payable to the person.

(2) Where the contributory benefit is greater than the carer's allowance, then no welfare supplementary payment is payable.

(3) Where a person is not entitled to contributory benefit, the amount of welfare supplementary payment payable is given by the formula—

where —

WSP is welfare supplementary payment, and

CA is the carer's allowance payable to the person on the date entitlement to the allowance is lost.

(4) In this regulation contributory benefit means—

(a) contributory benefit within the meaning of Part 2 of the Contributions and Benefits Act,

(b) employment and support allowance under section 1(2)(a) of the Welfare Reform Act (Northern Ireland) 2007 M2 , or

(c) a contribution-based jobseeker's allowance within the meaning of Article 3 of the Jobseekers (Northern Ireland) Order 1995 M3 .

Marginal Citations

M2 2007 c.2 (N.I.)

M3 S.I. 1995/2705 (N.I. 15); Article 3 was amended by paragraph 3 of Schedule 7 to S.I. 1999/3147 (N.I. 11), paragraph 131 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and paragraph 6(3) of Schedule 3 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))

[F1 Change in the amount of contributory benefit N.I.

5A.— (1) This regulation applies if there is a change in the amount of contributory benefit (within the meaning of regulation 5) that a person is entitled to.

(2) The amount of welfare supplementary payment the person is entitled to must be recalculated in accordance with the provisions set out in regulation 5.

(3) The effective date of the change in the amount of contributory benefit, for the purposes of calculating the person’s entitlement to welfare supplementary payment, is the date on which the change in the person’s award of contributory benefit takes effect.]

Textual Amendments

F1 Reg. 5A inserted (6.2.2017) by The Welfare Supplementary Payment (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/28), regs. 1(2), 40

Period of payment N.I.

6.—(1) Welfare supplementary payment must be paid at intervals of four weeks (or as soon as is reasonably practicable after that) in arrears.

(2) The period during which welfare supplementary payment is payable commences on the day following the day on which the person's entitlement to carer's allowance terminates.

(3) The period during which welfare supplementary payment is payable ends—

(a) one year after the day on which it commences, or

(b) [F2 on 31st March 2025] ,

whichever is first to occur.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Words in reg. 6(3)(b) substituted (1.2.2022) by The Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 (S.R. 2022/25), regs. 1(2), 4(3)(a)

F3 Reg. 6(4) omitted (1.3.2023) by virtue of The Welfare Supplementary Payment (Extension) Regulations (Northern Ireland) 2022 (S.R. 2022/25), regs. 1(3), 5(2)

Termination of payment on award of carer's allowance N.I.

7.—(1) Welfare supplementary payment must cease to be paid to a person from the date the person is entitled to carer's allowance.

(2) The entitlement to carer's allowance must arise out of—

(a) a new claim for carer's allowance,

(b) a revision under Article 10 of the 1998 Order,

(c) a supersession of a previous decision under Article 11 of the 1998 Order M4 , or

(d) an appeal under Article 13 of the 1998 Order M5 .

Marginal Citations

M4 Article 11 was amended by paragraph 17 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

M5 Article 13 was amended by paragraph 19 of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), Article 4(2) of S.I. 2014/886 and Articles 107(2), (3) and (4) and 109(6) of the Welfare Reform (Northern Ireland) Order 2015