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

Conditions relating to residence and presence in Northern Ireland

9.—(1) Subject to the following provisions of this regulation, the prescribed conditions for the purposes of section 37(4) of the Act (person not to be entitled to an invalid care allowance unless he satisfies prescribed conditions as to residence or presence in Northern Ireland) in relation to any person in respect of any day shall be—

(a) that he is ordinarily resident in Northern Ireland; and

(b) that he is present in Northern Ireland; and

(c) that he has been present in Northern Ireland for a period of, or periods amounting in the aggregate to, not less than 26 weeks in the 12 months immediately preceding that day.

(2) For the purposes of paragraph (1)(b) and (c) of this regulation, a person who is absent from Northern Ireland on any day shall be treated as being present in Northern Ireland—

(a) if his absence is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 4 weeks; or

(b) if his absence is temporary and for the specific purpose of caring for the severely disabled person who is also absent from Northern Ireland and where attendance allowance or a payment specified in regulation 3(1) of these regulations is payable in respect of that disabled person for that day.

(3) For the purposes of paragraph (1)(b) and (c) of this regulation, a person shall be treated as having been present in Northern Ireland on a day if on that day he is—

(a) a merchant seaman within the meaning of the Family Allowances (Qualifications) Regulations (Northern Ireland) 1970(1), as amended(2); or

(b) a member of the forces within the meaning of those regulations; or

(c) living with such a member of the forces and is that member's spouse, son, daughter, father, father-in-law, mother or mother-in-law.

(1)

S.R. & O. (N.I.) 1970 No. 23 (p. 167)

(2)

There is no amendment relevant for the purposes of this regulation