Regulation 11 Amendment of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976

The Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976^f1 are amended as follows.

In regulation 2(1) (interpretation) after the definition of “carer support payment”, insert—

• ““the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987^f2.”.

In regulation 9(1) (conditions relating to residence and presence in Northern Ireland), in the words before sub-paragraph (a), for “and 9C” substitute “, 9C, 9D and 9E”.

After regulation 9C, insert—

“Persons who are entitled to a carer’s allowance: effect of move to Scotland

9D

(1)

This regulation applies where a person entitled to a carer’s allowance becomes permanently resident in Scotland on or after 6th November 2025.

(2)

If, on the day before the residence change date, a person is entitled to a carer’s allowance, that person is, insofar as they are not present in Northern Ireland on or after the residence change date, to be treated as present in Northern Ireland for the purposes of regulation 9(1)(b) for the duration of the run-on period.

(3)

For the purposes of this regulation and regulation 9E—

(a)

“the residence change date”, in relation to a person, means the date on which the person becomes permanently resident in Scotland (whether or not the Department is notified of the move and whether or not any such notification takes place before or after the person moves to Scotland);

(b)

“run-on period”, in relation to a person, is the period—

(i)

beginning with the residence change date, and

(ii)

ending—

(aa)

where the severely disabled person dies before the residence change date, at the end of the period of eight weeks beginning with the Sunday following the death of the severely disabled person (or beginning with the date of death if the death occurred on a Sunday);

(bb)

where the severely disabled person dies within the relevant period, at the end of the period of 8 weeks beginning with the Sunday following the death of the severely disabled person (or beginning with the date of death if the death occurred on a Sunday); or

(cc)

in any other case, at the end of the day preceding the first pay day following the end of the relevant period (irrespective of whether or not the person’s carer’s allowance is payable in that particular week).

(4)

For the purposes of paragraph (3)(b)(ii)—

(a)

“the relevant period” means the period of 13 weeks beginning with the residence change date;

(b)

“pay day” means the day on which a payment of a carer’s allowance is made in accordance with paragraph 4 of Schedule 6 to the Claims and Payments Regulations.

Persons with an ongoing claim for a carer’s allowance: effect of move to Scotland

9E

(1)

Where a person satisfies the conditions in paragraph (2), the Department must comply with the requirement in paragraph (4).

(2)

The conditions mentioned in paragraph (1) are that the person—

(a)

has an ongoing claim for a carer’s allowance on the residence change date;

(b)

becomes permanently resident in Scotland on or after 6th November 2025; and

(c)

is, or in accordance with regulation 9 is treated for the purposes of regulation 9(1)(b) as being, present in Northern Ireland—

(i)

on the day on which the person makes the claim; and

(ii)

on the day before the residence change date.

(3)

For the purposes of paragraph (2)(a), a person has an ongoing claim on the residence change date if, before that date, the claim has not—

(a)

been decided by the Department under Article 9 of the Social Security (Northern Ireland) Order 1998^f3;

(b)

been withdrawn in accordance with regulation 5(2) of the Claims and Payments Regulations; or

(c)

otherwise ceased to be under consideration before being decided by the Department under Article 9 of the Social Security (Northern Ireland) Order 1998.

(4)

The requirement mentioned in paragraph (1) is that the Department must make a decision under Article 9 of the Social Security (Northern Ireland) Order 1998 on the person’s claim for a carer’s allowance, unless the person withdraws the claim in accordance with regulation 5(2) of the Claims and Payments Regulations.

(5)

If the Department decides that the person is entitled to a carer’s allowance, the person is, insofar as they are not present in Northern Ireland on or after the residence change date, to be treated as present in Northern Ireland for the purposes of regulation 9(1)(b) for the duration of the run-on period.

(6)

In this regulation, any reference to the date on which a person makes a claim for a carer’s allowance (however expressed) is to be construed in accordance with regulation 6 of the Claims and Payments Regulations.”.