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Article 13 Amendment of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979

Original text. Later amendments are not shown.

(1)

The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979f1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

after the definition of “the Welfare Reform Act”f2 insert—

  • ““armed forces independence payment” means a payment under article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011f3;”; and

(b)

after the definition of “disablement pension” insert—

  • ““the enhanced rate” in relation to the daily living component of personal independence payment means the rate prescribed in regulation 24(1)(b) of the Social Security (Personal Independence Payment) Regulations 2013f4, and for this purpose “personal independence payment” means personal independence payment under Part 4 of the Welfare Reform Act 2012f5;”.

(3)

In regulation 6(3) (adjustments of personal benefit under Chapters I and II of Part II of the Act by reference to industrial injuries benefits and benefits not under the Act, and adjustments of industrial injuries benefits)f6—

(a)

after “in relation to” insert “armed forces independence payment up to the value of the daily living component of personal independence payment at the enhanced rate,”; and

(b)

for “that allowance” in both places where it appears substitute “that payment or allowance”.

(4)

In regulation 16 (persons to be treated as entitled to benefit for certain purposes)f7—

(a)

after “the Jobseekers Order” where it appears for the first time insert “, or entitled to armed forces independence payment”; and

(b)

for “or under the Jobseekers Order and regulations made under it,” substitute “, under the Jobseekers Order and regulations made under it or entitled to armed forces independence payment,”.

(5)

In Schedule 1 (personal benefits which are required to be adjusted by reference to benefits not under Chapters I and II of Part II of the Act)—

(a)

in column (1), for “Personal benefit under the Act” substitute “Personal benefit”;

(b)

in column (1), for paragraph 5f8 substitute—

“5.

Attendance allowance, the care component of disability living allowance or armed forces independence payment up to the value of the daily living component of personal independence payment at the enhanced rate”; and

(c)

after paragraph 9 add—

“

10. Attendance allowance or disability living allowance10. Armed forces independence payment

”

Annotations

Footnotes

f1

S.R. 1979 No. 242.

f2

The definition of “the Welfare Reform Act” was inserted by S.R. 2008 No. 286.

f3

Article 24A was inserted by S.I. 2013/436.

f4

S.I. 2013/377.

f5

2012 c. 5.

f6

Regulation 6(3) was amended by S.R. 1992 No. 6.

f7

Regulation 16 was amended by S.R. 1996 No. 289 and S.R. 2008 No. 286.

f8

Paragraph 5 was amended by S.R. 1992 No. 6.