Section 64 Entitlement.C1

Northern Ireland

(1)

A person shall be entitled to an attendance allowance if he F1has attained pensionable age, he is not entitled to F2an allowance within subsection (1A) and he satisfies either—

(a)

the condition specified in subsection (2) below (“the day attendance condition”), or

(b)

the condition specified in subsection (3) below (“the night attendance condition”),

and prescribed conditions as to residence and presence in Northern Ireland.

F3(1A)

The following allowances are within this subsection—

(a)

personal independence payment;

(F4aa)

adult disability payment;

(b)

the care component of a disability living allowance.

F5(c)

pension age disability payment.

F6(d)

the care component of Scottish adult disability living allowance.

(2)

A person satisfies the day attendance condition if he is so severely disabled physically or mentally that, by day, he requires from another person either—

(a)

frequent attention throughout the day in connection with his bodily functions, or

(b)

continual supervision throughout the day in order to avoid substantial danger to himself or others.

(3)

A person satisfies the night attendance condition if he is so severely disabled physically or mentally that, at night,—

(a)

he requires from another person prolonged or repeated attention in connection with his bodily functions, or

(b)

in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him.

F7(4)

Circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy such of the conditions mentioned in subsections (2) and (3) above as may be prescribed.

Annotations

Textual amendments

F1: Words in s. 64(1) substituted (6.12.2018) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 11(3), Sch. 1 para. 38 (as amended, in the case of s. 11, by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(2), Sch. 1 para. 5(b))
F2: Words in s. 64(1) substituted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 4(2); S.R. 2016/215, art. 2(5)(h)(i)
F3: S. 64(1A) inserted (2.5.2016) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 9 para. 4(3); S.R. 2016/215, art. 2(5)(h)(i)
F4: S. 64(1A)(aa) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Modifications) Order 2024 (S.I. 2024/1048), arts. 1(2), 5(2)(a)
F5: S. 64(1A)(c) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Modifications) Order 2024 (S.I. 2024/1048), arts. 1(2), 5(2)(b)
F6: S. 64(1A)(d) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Scottish Adult Disability Living Allowance) (Consequential Modifications) Order 2025 (S.I. 2025/224), arts. 1(2), 5(2)
F7: S. 64(4) added (12.1.2000) by S.I. 1999/3147 (N.I. 11), art. 63(1); S.R. 1999/494, art. 2(3)

Modifications

C1: S. 64 modified (1.7.1992) by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 c. 9, ss. 5, 7(2), Sch. 3 Pt. II para. 19.

Notes on Part III

Modifications

C1: Pt. III (ss. 63-79) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).
C2: Pt. III (ss. 63-79): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).