Regulation 4 Persons who may apply for grant

(1)

For regulation 4(1)(b) (persons who may apply for grant) substitute—

“(b)

who at the time of making the application has, or lives with a spouse who has, attained the age of 60; or

(c)

who at the time of making the application is, or lives with a spouse who is, in receipt of an attendance allowance, a disability living allowance (as provided for in Part III of the 1992 Act), a disability working allowance, family credit, housing benefit, income support (each as provided for in Part VII of the 1992 Act), or an income-based jobseeker’s allowance within the meaning of the Jobseekers (Northern Ireland) Order 1995^f1, or

(d)

who at the time of making the application is, or lives with a spouse who is, in receipt of a war disablement pension, and

(i)

a mobility supplement or a payment intended to compensate for the non-payment of such a supplement, or

(ii)

a payment made under regulations made under paragraph 4(2)(b) of Schedule 8 to the 1992 Act (constant attendance allowance).”.

(2)

In regulation 4(2)—

(a)

before the definition of householder insert—

““an attendance allowance” means—

(a)

an attendance allowance under Part III of the 1992 Act;

(b)

a payment made under Article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983^f2 or any analogous payment;

(c)

any payment based on need for attendance which is paid with a war disablement pension; or

(d)

any payment intended to compensate for the non-payment of any payment, allowance or pension mentioned in sub-paragraphs (a) to (c) of this definition;”;

(b)

After the definition of householder insert—

““mobility supplement” means a mobility supplement under—

(a)

Article 26A of the Naval, Military or Air Forces etc. (Disablement and Death) Service Pensions Order 1983^f3 (including such a supplement payable by virtue of the application of that article by any other scheme or order); or

(b)

under Article 25A of the Personal Injuries (Civilians) Scheme 1983 (including that article as applied by Article 48A of that Scheme)^f4.”.

Annotations

Footnotes

f1: S.I. 1995/2705 (N.I. 15)
f2: S.I. 1983/686; relevant amending instruments are S.I. 1983/1164 and 1984/1675
f3: S.I. 1983/883; Article 26A was inserted by S.I. 1983/1116 and amended by S.I. 1983/1521, S.I. 1986/592, 1990/1308, 1991/766, 1992/710 and 1995/766
f4: Article 25A was inserted by S.I. 1983/1164 and amended by S.I. 1983/1540, 1986/628, 1990/1300, 1991/708 and 1992/702; Article 48A was inserted by S.I. 1984/1289