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Paragraph 12 Additional condition for the Higher Pensioner and Disability Premiums

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to sub-paragraph (2) and paragraph 7, the additional condition referred to in paragraphs 10 and 11 is that—

(a)

the claimant or, as the case may be, his partner—

(i)

is in receipt of one or more of the following benefits: attendance allowance, mobility allowance, mobility supplement, invalidity pension under section 15 of the principal Actf1, or severe disablement allowance under section 36 of that Actf2,

(ii)

is provided by the Department with an invalid carriage or other vehicle under Article 30(1) of the 1972 Order or receives payments by way of grant from the Department under Article 30(3) of that Order, or

(iii)

has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a Health and Social Services Board, established under Article 16 of that Order;

(b)

the claimant is and has, in respect of a period of not less than 28 weeks, been treated as having been incapable of work for the purposes of one or more of the provisions of the principal Act or Part II of the Social Security (Northern Ireland) Order 1982f3 or, if he was in Great Britain for the whole or part of that period, was treated as having been incapable of work for the purposes of one or more of the comparable Great Britain provisions; or

(c)

the claimant, or as the case may be, his partner, was in receipt of either—

(i)

mobility allowance or invalidity pension under section 15 of the principal Act when entitlement to that benefit ceased solely on account of the maximum age for its payment being reached and the claimant has since remained continuously entitled to income support and, if the mobility allowance or invalidity pension was payable to his partner, the partner is still alive, or

(ii)

except where paragraph 1(a), (b), (c)(ii) or(d)(ii) of Schedule 7 (patients) applies, attendance allowance which is no longer in payment solely on account of the claimant or, as the case may be, his partner having undergone or having been treated as undergoing treatment for a period of more than 4 weeks by virtue of regulation 5 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1987f4,

and, in either case, the higher pensioner premium or disability premium has been applicable to the claimant or his partner.

(2)

For the purposes of sub-paragraph (1)(a)(iii), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

(3)

For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work for the purposes of the provisions specified in that provision he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

(4)

For the purposes of sub-paragraph (1)(c), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be entitled to income support, he shall on again becoming so entitled to income support, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(c).

Annotations

Footnotes

f1

Section 15 was amended by paragraph 22 of Schedule 5 to the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)), paragraph 1 of Schedule 1 and paragraph 6 of Schedule 3 to the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)) and paragraph 6 of Schedule 4 to the Social Security (Northern Ireland) Order 1982 (S.I. 1982/1084 (N.I. 16))

f2

Section 36 was substituted by Article 5(1) of the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8)) and subsection (4A) of that section was inserted by paragraph 2 of Schedule 4 to the Social Security (Northern Ireland) Order 1985 (S.I. 1985/1209 (N.I. 16))

f3

S.I. 1982/1084 (N.I. 16)

f4

S.R. 1987 No. 413