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The Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations (Northern Ireland) 2000

Type Ni-Statutory-Rule
Publication 2000-05-24
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API

Made: 24th May 2000

Coming into operation: 19th June 2000

The Department for Social Development, in exercise of the powers conferred by sections 67(2), 72(8), 113(2) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001] and sections 71(1)(b) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992[^f00002], and now vested in it[^f00003], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations (Northern Ireland) 2000 and shall come into operation on 19th June 2000.

Amendment of the Social Security (Attendance Allowance) Regulations

2

Amendment of the Social Security (Disability Living Allowance) Regulations

3

Revocations

4

The following provisions are hereby revoked—

Signed

Sealed with the Official Seal of the Department for Social Development on 24th May 2000.

John O'Neill — Senior Officer of the — Department for Social Development

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”).

Regulation 6 of the Attendance Allowance Regulations and regulations 8 and 12A of the Disability Living Allowance Regulations are amended to provide that a period during which a person is, or is treated as, receiving free in-patient treatment, or is treated as being maintained free of charge while undergoing medical treatment as an in-patient, ends on the day before the day on which he leaves a hospital or similar institution (regulations 2(3) and 3(2)).

Regulation 7A of the Attendance Allowance Regulations and regulation 9A of the Disability Living Allowance Regulations are amended to remove the reference to paragraphs (7) and (9) respectively in consequence of their omission by regulations 2(5) and 3(4) (regulations 2(4) and 3(3)).

Regulation 8 of the Attendance Allowance Regulations and regulation 10 of the Disability Living Allowance Regulations are amended to remove the provision which prevents payment of attendance allowance or disability living allowance to certain persons in accommodation provided under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) which is managed by a Health and Social Services Board or a Health and Social Services trust (regulations 2(5) and 3(4)).

The Regulations also make a consequential amendment and consequential revocations (regulations 2(2) and 4).

These Regulations correspond to provision contained in Regulations made by the Secretary of State for Social Security 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, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: 1992 c. 7

[^f00002]: 1992 c. 8; section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00003]: See Article 8(b) of S.R. 1999 No. 481

[^f00004]: S.R. 1992 No. 20; relevant amending rules are S.R. 1992 Nos. 143 and 481, S.R. 1993 Nos. 149 and 165, S.R. 1994 Nos. 65 and 263, S.R. 1995 No. 59, S.R. 1996 No. 289 and S.R. 1999 Nos. 221 and 428 (C. 32)

[^f00005]: The definition of “HSS trust” was added by paragraph 1(a) of Schedule 16 to S.R. 1994 No. 65

[^f00007]: Regulation 7A was inserted by regulation 2(3) of S.R. 1994 No. 263 and amended by regulation 2(2) of S.R. 1995 No. 59 and Article 6(3)(a) of S.R. 1999 No. 428 (C. 32)

[^f00010]: S.R. 1992 No. 32; relevant amending rules are S.R. 1992 Nos. 144 and 481, S.R. 1993 Nos. 149 and 165, S.R. 1994 Nos. 65 and 263, S.R. 1996 Nos. 225 and 289 and S.R. 1999 Nos. 221 and 428 (C.32)

[^f00012]: Regulation 12A was inserted by regulation 4(3) of S.R. 1996 No. 225 and paragraph (3) was added by regulation 4(3) of S.R. 1999 No. 221

[^f00013]: Regulation 9A was inserted by regulation 3(3) of S.R. 1994 No. 263 and amended by Article 7(4)(a) of S.R. 1999 No. 428 (C. 32)

[^f00016]: S.R. 1993 No. 165

[^f00017]: S.R. 1994 No. 65

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