Article 21 Amendment of the Income Support (General) Regulations (Northern Ireland) 1987

(1)

The Income Support (General) Regulations (Northern Ireland) 1987^f1 are amended as follows.

(2)

In regulation 2(1) (interpretation), after the definition of “residential care home”, insert—

““Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;”.

(3)

In paragraph 4(a) of Schedule 1B (prescribed categories of person)—

(a)

in sub-head (i), after “Contributions and Benefits Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(b)

in sub-head (iii), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(4)

In Schedule 2 (applicable amounts)—

(a)

in paragraph 7(2), after “principal Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(b)

in paragraph 10(1)(b)(i), for “or (e)”, substitute “, (e) or (f)”;

(c)

in paragraph 11(1)(b)—

(i)

in sub-head (i), for “or (d)”, substitute “, (d) or (f)”;

(ii)

in sub-head (ii), for “or (e)”, substitute “, (e) or (f)”;

(d)

in paragraph 12(1)—

(i)

in head (a)(i), after “disability living allowance”, insert “, Scottish adult disability living allowance”;

(ii)

after head (e), insert—

“; or

(f)

except where paragraph 2A of Schedule 7 (applicable amounts in special cases) applies, the claimant or, as the case may be, the claimant’s partner was in receipt of Scottish adult disability living allowance—

(i)

but no amount is payable in accordance with regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025; and

(ii)

a higher pensioner premium or disability premium has been applicable to the claimant.”;

(e)

in paragraph 13—

(i)

in sub-paragraphs (2)(a)(i) and (b)(i) and (3)(a), after “principal Act”, insert “, the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025”;

(ii)

after sub-paragraph (3A)(e), insert—

“(f)

as being in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, if they would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of those Regulations, be so in receipt.”.

(f)

in paragraph 13A(1ZA), after head (ba), insert—

“(bb)

the care component of Scottish adult disability living allowance is, or would, but for regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025, be payable to that person at the highest rate in accordance with regulation 6(4) of those Regulations;”.

(5)

In paragraph 18 of Schedule 3 (housing costs)—

(a)

after sub-paragraph (6)(b)(iia), insert—

“(iib)

the care component of Scottish adult disability living allowance,”;

(b)

in sub-paragraph (8)(a), after “disability living allowance”, insert “, Scottish adult disability living allowance”.

(6)

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a)

in paragraph 6, after “disability living allowance”, insert “, the mobility component of Scottish adult disability living allowance”;

(b)

in paragraph 9, after “disability living allowance”, insert “, the care component of Scottish adult disability living allowance”.

Annotations

Footnotes

f1: S.R. 1987 No. 459; relevant amending instruments are S.R. 1988 No. 146, S.R. 1990 No. 346, S.R. 1992 No. 6, S.R. 1993 No. 165, S.R. 1994 No. 327, S.R. 1995 Nos. 67, 301 and 434, S.R. 1996 Nos. 199 and 358, S.R. 2000 Nos. 74 and 367, S.R. 2002 Nos. 132 and 323, S.R. 2003 Nos. 191, 195 and 413, S.R. 2005 No. 458, S.R. 2008 No. 498, S.R. 2010 No. 103, S.I. 2013/3021, S.R. 2016 No. 228, S.I. 2021/786, S.I. 2022/177, S.I. 2023/1218 and S.I. 2024/919.