Citation and commencement

1.  These Regulations may be cited as the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 6th October 2003.

Amendment of the Social Security (Attendance Allowance) Regulations

2.—(1) The Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992(3) shall be amended in accordance with paragraphs (2) and (3) of this regulation.

(2) In regulation 7 (persons in certain accommodation other than hospitals) –

(a)in paragraph (1)(4) –

(i)the words “Except in the cases specified in paragraph (3) and” shall be omitted;

(ii)after sub-paragraph (a) there shall be inserted “or”; and

(iii)sub-paragraph (c) and the word “or” which precedes it shall be omitted; and

(b) paragraphs (3) and (4)(5) shall be omitted.

(3) In regulation 8 (exemption from regulations 6 and 7) –

(a)paragraph (6)(a)(6) and the word “and” which follows it shall be omitted; and

(b)in paragraph (6)(b)(i), for “the person’s own resources” there shall be substituted “the resources of the person for whom it is provided”.

Amendment of the Social Security (Disability Living Allowance) Regulations

3.—(1) The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992(7) shall be amended in accordance with paragraphs (2) and (3) of this regulation.

(2) In regulation 9 (persons in certain accommodation other than hospitals) –

(a)in paragraph (1)(8) –

(i)for “paragraphs (1A) to (6)” there shall be substituted “paragraphs (1A) to (4)”;

(ii)after sub-paragraph (a) there shall be inserted “or”; and

(iii)sub-paragraph (c) and the word “or” which precedes it shall be omitted;

(b)in paragraph (1A)(9) the words “and (c)” and “, or may be,” shall be omitted; and

(c)paragraphs (6)(10) and (7)(11) shall be omitted.

(3) In regulation 10 (exemption from regulations 8 and 9) –

(a)paragraph (8)(a)(12) and the word “and” which follows it shall be omitted; and

(b)in paragraph (8)(b)(i), for “the person’s own resources” there shall be substituted “the resources of the person for whom it is provided”.

Revocations

4.  The Regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).

Regulation 4

SCHEDULEREGULATIONS REVOKED

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (“the Attendance Allowance Regulations”) and the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (“the Disability Living Allowance Regulations”).

Regulations 2 and 3 remove the restriction on payment of Attendance Allowance or Disability Living Allowance respectively –

• for any period throughout which a person is provided with accommodation, the cost of which may be borne out of public or local funds pursuant to certain enactments; and

• to a person funding accommodation provided for him from his own resources where the person is entitled to certain benefits.

• Regulation 4 makes consequential revocations.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose a charge on business.