Regulation 63 Illness or disability of relevant other childI1
Northern Ireland
Subject to the following provisions of this regulation, expenses necessarily incurred by the non-resident parent in respect of the items listed in sub-paragraphs (a) to (m) due to the long-term illness or disability of a relevant other child constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B—
personal care and attendance;
personal communication needs;
mobility;
domestic help;
medical aids where these cannot be provided as part of health services;
heating;
clothing;
laundry requirements;
payments for food essential to comply with a diet recommended by a medical practitioner;
adaptations required to the non-resident parent’s home;
day care;
rehabilitation; or
respite care.
For the purposes of this regulation and regulation 62—
a person is “disabled” for a period in respect of which—
that person would receive disability living allowance F6, or the care component of child disability payment in accordance with regulation 11 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021, if it were not for the fact that the person is a patient, though remaining part of the applicant’s family, F7...
that person would receive Scottish adult disability living allowance but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, and remains part of the applicant’s family,
and “disability” is to be construed accordingly;
“armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
“child disability payment” has the meaning given in regulation 2 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021
“disability living allowance” means the care component of a disability living allowance, payable under section 72 of the Contributions and Benefits Actf2;
“Scottish adult disability living allowance” means the care component of a Scottish adult disability living allowance, payable under regulation 6 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
“health services” has the same meaning as in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972;
“long-term illness” means an illness from which the child is suffering at the date of the application or the date from which the variation, if agreed, would take effect and which is likely to last for at least 12 months after that date, or, if likely to be shorter than 12 months, for the remainder of the child’s life;
“relevant other child” has the meaning given in paragraph 10C(2) of Schedule 1f3.
“personal independence payment” means the daily living component of personal independence payment under Article 83 of the Welfare Reform (Northern Ireland) Order 2015.
“adult disability payment” means the daily living component of adult disability payment under regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;
Where, at the date on which the non-resident parent makes the variation application—
the non-resident parent or a member of the non-resident parent’s household has received, is in receipt of, or will receive any financial assistance from any source in respect of the long-term illness or disability of the relevant other child; or
F19adult disability payment, F20armed forces independence payment F21, child disability payment F22, a disability living allowance F23, Scottish adult disability living allowance or personal independence payment is received by the non-resident parent or the member of the non-resident parent’s household on behalf of the relevant other child,
only the net amount of the costs incurred in respect of the items listed in paragraph (1), after the deduction of the financial assistance or the amount of the F24payment or allowance, constitute special expenses for the purposes of paragraph 2(2) of Schedule 4B.
For the purpose of paragraph (2)(a)—
“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a juvenile justice centre within the meaning of Article 51 of the Criminal Justice (Children) (Northern Ireland) Order 1998f4 or a young offenders centre within the meaning of section 2 of the Treatment of Offenders Act (Northern Ireland) 1968f5 who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005f6; and
where a person has ceased to be registered in a register as referred to in head (iii) of that sub-paragraph, having regained their eyesight, that person is to be treated as though registered blind, for a period of 28 days after the day on which that person ceased to be registered in such a register.
Annotations
Textual amendments
- F1
Words in reg. 63(2)(a)(i) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 27(2)(a)
- F2
Words in reg. 63(2)(a)(i) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 31(2)(a)
- F3
Words in reg. 63(2)(a)(i) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), arts. 1(2), 19(2)(a)
- F4
Words in reg. 63(2)(a)(i) substituted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 39(a)
- F5
Words in reg. 63(2)(a)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 30(2)(a)
- F6
Words in reg. 63(2)(a)(ii) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), arts. 1(2), 19(2)(b)
- F7
Word in reg. 63(2)(a)(ii) omitted (20.6.2016) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 39(b)
- F8
Word in reg. 63(2)(a)(iii) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 27(2)(b)
- F9
Reg. 63(2)(a)(iv) and word inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 39(c)
- F10
Reg. 63(2)(a)(v) and word inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 27(2)(c)
- F11
Word in reg. 63(2)(a) omitted (21.3.2025) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 30(2)(b)
- F12
Words in reg. 63(2)(a)(v) substituted (6.6.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) (No. 2) Order 2022 (S.I. 2022/530), arts. 1(2), 12(2)
- F13
Reg. 63(2)(a)(vi) and word inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 30(2)(c)
- F14
Reg. 63(2)(aa) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 31(2)(b)
- F15
Reg. 63(2)(ab) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), arts. 1(2), 19(2)(c)
- F16
Reg. 63(2)(ba) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 30(2)(d)
- F17
Reg. 63(2)(f) added (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 39(d)
- F18
Reg. 63(2)(g) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 27(2)(d)
- F19
Words in reg. 63(3)(b) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 27(2)(e)
- F20
Words in reg. 63(3)(b) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 31(2)(c)(i)
- F21
Words in reg. 63(3)(b) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), arts. 1(2), 19(3)
- F22
Words in reg. 63(3)(b) inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 39(e)
- F23
Words in reg. 63(3)(b) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 30(2)(e)
- F24
Words in reg. 63(3) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 31(2)(c)(ii)
Commencement
- I1
Reg. 63 comes into force in accordance with reg. 1
Footnotes
- f1
- f2
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Section 72 was amended by Article 64(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), sections 48 and 54(2) of, and Schedule 8 to, the Welfare Reform Act (Northern Ireland) 2007 and regulation 2(4) of S.R. 2011 No. 356
- f3
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Paragraph 10C is inserted by Schedule 1 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and was amended by paragraph 12 of Schedule 24 to the Civil Partnership Act 2004
- f4
- f5
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1968 c. 29 (N.I.); section 2 was amended by Article 13(5) of the Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15)), paragraph 3 of Schedule 5 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) and paragraph 6 of Schedule 1 and Schedule 2 to the Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965 (N.I. 15)
- f6