The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976

PART III CONSEQUENTIAL AMENDMENTS OF REGULATIONS

Amendment of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1975

15.—(1) The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1975, as amended(1), shall be further amended in accordance with the provisions of this regulation.

(2) In regulation 3 (adjustment of personal benefit under Chapters I and II of Part II of the Act where other personal benefit under those Chapters is payable)—

(a) in paragraph (2)(d) after “non-contributory invalidity pension” there shall be inserted “or invalid care allowance”;

(b) for paragraph (5) there shall be substituted the following paragraph :

“(5) Where a person is entitled to a graduated retirement benefit and a Category D retirement pension, a non-contributory invalidity pension or an invalid care allowance, the Category D retirement pension, the non-contributory invalidity pension or the invalid care allowance, as the case may be, shall be adjusted in accordance with paragraph (4)(a).”.

(3) For regulation 9A (special provision relating to the adjustment of non-contributory invalidity pension) there shall be substituted the following regulation :

“Special provision relating to the adjustment of non-contributory invalidity pension and invalid care allowance

9A.   In any case where personal benefit or dependency benefit by way of a non-contributory invalidity pension or an invalid care allowance would, in accordance with the provisions of regulations 3, 5, 6 or 7, fall to be adjusted by reference to any other personal benefit or dependency benefit, it shall be reduced by the amount which is, or but for these regulations would be, payable by way of that other benefit both as personal benefit and as dependency benefit, so however that the amount payable by way of a non-contributory invalidity pension or an invalid care allowance and that other benefit shall in no case be less than the sum of the amounts which, but for any adjustment, would have been payable by way of a non-contributory invalidity pension or an invalid care allowance as personal benefit and dependency benefit.”.

(4) In the Schedule (personal benefits which are required to be adjusted by reference to benefits not under Chapters I and II of Part II of the Act), in column (1), after “Non-contributory invalidity pension” in paragraph 1A there shall be inserted “or invalid care allowance”.

Amendment of Part V of the Social Security (Determination of Claims and Questions) Regulations (Northern Ireland) 1975

16.  In the Social Security (Determination of Claims and Questions) Regulations (Northern Ireland) 1975(2) (review of decisions involving payment or increase of benefit other than industrial injuries benefit) in regulation 25(1)(c) after “attendance allowance,” and before "a child's special allowance“there shall be inserted ”an invalid care allowance,".

Amendment of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1975

17.—(1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1975(3), as amended(4), shall be further amended in accordance with the following provisions of this regulation.

(2) In regulation 15 (time and manner of payment of certain pensions and allowances)—

(a) at the end of paragraph (1) the following sub-paragraph shall be added :

“(h) invalid care allowance”;

(b) after paragraph (8) there shall be added the following paragraph :

“(8A) Weekly sums on account of an invalid care allowance shall be payable on Mondays, so however that where a person is entitled to that allowance in respect of a severely disabled person by virtue of regulation 3 of the social Security (Invalid Care Allowance Regulations (Northern Ireland) 1976 the invalid care allowance shall be payable on Wednesdays.”.

(3) In regulation 17 (time and manner of payment of age addition) in paragraph (4) for "paragraphs (6), (7), (10), (11) and (13) of regulation 15'' there shall be substituted “paragraphs (6), (7), (8A), (10), (11) and (13) of regulation 15”.

(4) In Schedule 1 (prescribed times for claiming benefit)—

(a) after paragraph 1 in columns (1), (2) and (3) there shall be inserted the following paragraph in the respective columns :

“1A.

Invalid care allowance

The period of 3 months from the first day in respect of which the claim is made

Benefit in respect of any period more than 3 months before the date on which the claim is made”;

(b) in paragraph 3 of column (1), for “or non-contributory invalidity pension” there shall be substituted “, non-contributory invalidity pension or an invalid care allowance”.

(5) In Schedule 3 (benefit for which the claim may be treated in the alternative)—

(a) in paragraph 3 of column (2), for “Sickness benefit, invalidity benefit, injury benefit, unemployability supplement or non-contributory invalidity pension” there shall be substituted “Sickness benefit, invalidity benefit, injury benefit, unemployability supplement, non-contributory invalidity pension or invalid care allowance”;

(b) in paragraph 5 of column (2), or “An increase of sickness benefit, invalidity pension or of non-contributory invalidity pension” there shall be substituted “An increase of sickness benefit, invalidity pension, non-contributory invalidity pension or of invalid care allowance”.

Amendment of the National Insurance (Graduated Retirement Benefit and Consequential Provisions) Regulations (Northern Ireland) 1961

18.—(1) Regulation 2(3) of the National Insurance (Graduated Retirement Benefit and Consequential Provisions) Regulations (Northern Ireland) 1961(5) (single payments of graduated retirement benefit), which as amended by regulation 2 of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1975(6) has effect as set out in the Schedule to the said regulations of 1975, shall be further amended by substituting “, a non-contributory invalidity pension or an invalid care allowance” for “or a non-contributory invalidity pension”; and the said regulation 2(3) as so further amended shall have effect as set out in Schedule 2 to these regulations.

(2) The Social Security (Graduated Retirement Benefit) (No. 2) Regulations (Northern Ireland) 1975 are hereby revoked.

Amendment of the Social Security (Credits) Regulations (Northern Ireland) 1975

19.  The Social Security (Credits) Regulations (Northern Ireland) 1975(7) shall be amended by the insertion of the following regulation after regulation 7 :

“Credits for invalid care allowance

7A.— (1) For the purposes of entitlement to any benefit (by virtue of a person's contributions he shall, subject to paragraph (2), be entitled to a Class 1 credit in respect of each week for any part of which an invalid care allowance is paid to him, or in the case of a widow, would have been so payable but for the provisions of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1975, as amended by the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976, requiring adjustment of an invalid care allowance against widow's benefit or benefit by virtue of section 39(4) corresponding to a widowed mother's allowance or a widow's pension.

(2) Paragraph (1) shall not apply—

(a) to a person in respect of any week where he is entitled to a Class 1 credit under regulation 9 in respect of the same week; or

(b) to a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under regulations made under section 125(2) had effect.”.

Amendment of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1975

20.  In the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1975(8), after regulation 10A, added to those regulations by regulation 10 of the Social Security (Mobility Allowance) Regulations (Northern Ireland) 1975(9), there shall be added the following regulation :

“Modification of the Act in relation to invalid care allowance

10B.   A person shall not be disqualified for receiving an invalid care allowance by reason of being absent from Northern Ireland.”.

Amendment of the Social Security (Widow's Benefit and Retirement Pensions) (Northern Ireland) Regulations 1975

21.  In the Social Security (Widow's Benefit and Retirement Pensions) (Northern Ireland) Regulations 1975(10), as amended(11), in regulation 15(1) (age addition for persons not in receipt of a retirement pension) after sub-paragraph (e) there shall be added the following sub-paragraph :

“(f) section 37 of the Social Security (Northern Ireland) Act 1975 (invalid care allowance)”.

Amendment of the Social Security (Contributions) Regulations (Northern Ireland) 1975

22.  In the Social Security (Contributions) Regulations (Northern Ireland) 1975(12), as amended(13), in regulation 20(1)(e) after “unemployability supplement” there shall be added “or invalid care allowance”.

(1)

The relevant amending regulations are S.R. 1975 Nos. 202 and 280.

(2)

S.R. 1975 No. 100.

(3)

S.R. 1975 No. 104.

(4)

The relevant amending regulations are S.R. 1975 No. 202.

(5)

S.R. & O. (N.I.) 1961 No. 86 (p. 388)

(6)

S.R. 1975 No. 305.

(7)

S.R. 1975 No. 113.

(8)

S.R. 1975 No. 103.

(9)

S.R. 1975 No. 280.

(10)

S.R. 1975 No. 12.

(11)

The relevant amending regulations are S.R. 1975 No. 202.

(12)

S.R. 1975 No. 319.

(13)

The relevant amending regulations are S.R. 1976 No. 41.