Explanatory note

These Regulations amend the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 and the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 to provide the circumstances in which an attendance allowance or the care component of a disability living allowance shall not be payable where a person is resident in a care home (an establishment that provides accommodation together with nursing or personal care). The circumstances are where any of the costs of any qualifying services (accommodation, board or personal care) provided for a person in a care home are met, in whole or in part, out of public or local funds under a specified enactment.

Regulation 4 provides transitional and saving provisions.

Regulation 5 makes consequential revocations.

These Regulations are made in consequence of section 54 of the Welfare Reform Act (Northern Ireland) 2007 which was brought into operation for the purpose only of authorising the making of regulations on 8th October 2007, and for all other purposes on 29th October 2007, by virtue of the Welfare Reform (2007 Act) (Commencement No. 2) Order (Northern Ireland) 2007 (S.R. 2007 No. 429 (C. 27)). As the Regulations are made before the end of the period of 6 months from the commencement of that provision, they are exempt by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 from reference to the Social Security Advisory Committee.