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Paragraph 8 I1

Northern Ireland Not yet in force

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

(1)

Subject to sub-paragraph (2), for the purposes of this Part, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit—

(a)

in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979f1 applies, for any period during which, apart from the provisions of those regulations, he would be in receipt of that benefit, and

(b)

for any period spent by a person on a scheme of a kind specified in sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945f2 or section 1(1) of the Employment and Training Act (Northern Ireland) 1950f3.

(2)

For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Benefits Act.

Annotations

Commencement

I1

Sch. 1 Pt. III para. 8 in operation at 7.10.1996, see reg. 1(1)

Footnotes

f1

S.R. 1979 No. 242

f2

1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))

f3

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))