Regulation 2 Amendment of the Income Support (General) RegulationsI1

Northern Ireland

In the Income Support (General) Regulations (Northern Ireland) 1987^f1—

(a)

in regulation 44^f2 (modifications in respect of children and young persons) for the words “personal allowance and disabled child premium, if any,” in each place in which they occur there shall be substituted “personal allowance, any disabled child premium and any enhanced disability premium”;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

in Schedule 2 (applicable amounts)—

(i)

for paragraph 6^f3 there shall be substituted the following paragraph—

“6
(1)
Subject to sub-paragraph (2), the following premiums, namely—
(a)
a severe disability premium to which paragraph 13^f4 applies;
(b)
an enhanced disability premium to which paragraph 13A^f5 applies;
(c)
a disabled child premium to which paragraph 14^f6 applies, and
(d)
a carer premium to which paragraph 14ZA^f7 applies,
may be applicable in addition to any other premium which may apply under this Schedule.
(2)
An enhanced disability premium in respect of a person shall not be applicable in addition to—
(a)
a pensioner premium under paragraph 9 or 9A^f8, or
(b)
a higher pensioner premium under paragraph 10^f9.”;

(ii)

after paragraph 13 (severe disability premium) there shall be inserted the following paragraph—

“Enhanced disability premium
13A
(1)
Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with Regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act in respect of—
(a)
the claimant, or
(b)
a member of the claimant’s family,
who is aged less than 60.
(2)
An enhanced disability premium shall not be applicable in respect of—
(a)
a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, except as provided in regulation 44(1)^f10 (modifications in respect of children and young persons) would exceed £3,000;
(b)
a claimant who—
(i)
is not a member of a couple or a polygamous marriage, and
(ii)
is a patient within the meaning of regulation 21(3) (special cases) and has been for a period of more than six weeks, or
(c)
a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 21(3) (special cases) and has been for a period of more than six weeks.”;

(iii)

after paragraph 15(7)^f11 there shall be added to the table the following sub-paragraph—

“
(8)
Enhanced disability premium where the conditions in paragraph 13A are satisfied.
(8)
(a)
£5·95 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;
(b)
£5·95 in respect of each person who is neither—
(i)
a child or young person, nor
(ii)
a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 13A are satisfied;
(c)
£8·60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.
”.

Annotations

Textual amendments

F1: Reg. 2(b) revoked (coming into force in accordance with reg. 1(2) of the amending Rule) by The Social Security (Child Maintenance Amendments) Regulations (Northern Ireland) 2008 (S.R. 2008/406), Sch.

Commencement

I1: Reg. 2 in operation at 9.4.2001, see reg. 1(1)(c)

Footnotes

f1: S.R. 1987 No. 459; relevant amending Rules are S.R. 1988 No. 146, S.R. 1989 Nos. 139 and 395, S.R. 1990 No. 346, S.R. 1991 No. 338, S.R. 1992 Nos. 6 and 147, S.R. 1993 Nos. 218 and 373, S.R. 1994 Nos. 327 and 474, S.R. 1996 No. 288, S.R. 1998 No. 324, S.R. 1999 No. 472 and S.R. 2000 Nos. 38 and 74
f2: Regulation 44 was amended by regulation 20 of S.R. 1988 No. 146, regulation 4(14)(b) and (c) of S.R. 1993 No. 373 and Article 7(8) of S.R. 1999 No. 472 (C. 36)
f3: Paragraph 6 was amended by regulation 6(d) of S.R. 1989 No. 395 and regulation 6(b) of S.R. 1990 No. 346
f4: Paragraph 13 was amended by S.R. 1988 No. 146, S.R. 1992 No. 6, S.R. 1993 Nos. 218 and 373, S.R. 1994 Nos. 327 and 474 and S.R. 2000 No. 74
f5: Paragraph 13A was inserted by regulation 2(c)(ii) of these Regulations
f6: Paragraph 14 was amended by regulation 10(4)(d) of S.R. 1992 No. 6, regulation 4(17)(c) of S.R. 1993 No. 373 and Article 16(2) of S.R. 2000 No. 38
f7: Paragraph 14ZA was inserted by regulation 6(d) of S.R. 1990 No. 346 and amended by regulation 13(d)(i) of S.R. 1991 No. 338, regulation 10(4)(e) of S.R. 1992 No. 6 and regulation 4(2)(b) of S.R. 2000 No. 74
f8: Paragraphs 9 and 9A were substituted by regulation 5(a) of S.R. 1989 No. 139
f9: Paragraph 10 was amended by regulation 30(a) of S.R. 1988 No. 146, regulation 10 of S.R. 1992 No. 147 and regulation 8(3)(a) of S.R. 1998 No. 324
f10: Regulation 44(1) was substituted by Article 7(8) of S.R. 1999 No. 472 (C. 36)
f11: Paragraph 15(7) was inserted by regulation 6(e) of S.R. 1990 No. 346