The Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 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(1) or Regulation (EC) No 883/2004(2) 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—

“(4A) 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 (7A)(3) insert—

“(7B) 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”(4) 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 of 29 April 2004 on the coordination of social security systems;”.

(1)

OJ L 28 of 30.1.1997, p.1

(2)

OJ L 166, 30.4.2004, p.1 as amended by Regulation (EC) No. 988/2009 (OJ L 284, 30.10.2009, p. 43)

(3)

Subsection (7A) was inserted by section 48(7) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))

(4)

The definition of “qualifying young person” was inserted by paragraph 34(3) of Schedule 1 to the Child Benefit Act 2005 (c. 6)