The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Modifications) Order 2024

Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 1992

5.—(1) The Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) is amended as follows.

(2) In section 64(1A) (attendance allowance)—

(a) after paragraph (a) insert—

“(aa) adult disability payment;”; and

(b) after paragraph (b) insert—

“(c) pension age disability payment.”.

(3) In section 70(2) (carer’s allowance), omit the “or” at the end of paragraph (db), and after that paragraph insert—

“(dc) a pension age disability payment by virtue of the Disability Assistance for Older People (Scotland) Regulations 2024 in circumstances where the person is resident in Northern Ireland and regulation 45(1) of those Regulations applies; or”.

(4) In section 71 (disability living allowance), after subsection (6), insert—

“(7) A person is not entitled to a disability living allowance while the person is entitled to—

(a) child disability payment,

(b) adult disability payment, or

(c) pension age disability payment.”.

(5) In section 121(1) (interpretation of Parts 1 to 6 and supplementary provisions), after the definition of “payments by way of occupational or personal pension”, insert—

““pension age disability payment” means disability assistance given in accordance with the Disability Assistance for Older People (Scotland) Regulations 2024;”.

(1)

1992 c. 7; relevant amending enactments are the Pensions (Northern Ireland) Act 2008 c. 1 (N.I.), the Welfare Reform (Northern Ireland) Order (S.I. 2015/2006 (N.I. 1)), S.R. 2016 No. 228 and S.R. 2016 No. 236, S.I. 2021/1301, 2022/332 and 2023/1214.