Regulation 13 Amendment of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992

in paragraph (5)(b), for “pay day which falls immediately after the end of the relevant period” substitute “first pay day following the end of the relevant period (irrespective of whether or not the person’s disability living allowance is payable in that particular week)”;

in paragraph (6)(a), for “on which a payment of disability living allowance is made in accordance with regulation 25(1) of the Claims and Payments Regulations” substitute “of the week on which the person’s disability living allowance is payable in accordance with paragraph 1 of Schedule 6 to the Claims and Payments Regulations”.

for paragraphs (1) and (2) substitute—

“(1)

Where a person satisfies the conditions in paragraph (2), the Department must comply with the requirement in paragraph (3).

(2)

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

(a)

has an ongoing claim for disability living allowance on the residence change date;

(b)

becomes permanently resident in Scotland on or after 23rd February 2026; and

(c)

is, or in accordance with regulation 2 is treated for the purposes of regulation 2(1)(a)(ii) 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.”;

after paragraph (2), insert—

“(2A)

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

(a)

been decided by the Department under Article 9 of the 1998 Order;

(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been withdrawn in accordance with regulation 5(2) of the Claims and Payments regulations; or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 1998 Order.”;

in paragraphs (3) and (5), for “new DLA claimant” wherever it appears (including within the expression “new DLA claimant’s”) substitute “person”;

in paragraph (3), after “The” in the first place it appears, insert “requirement mentioned in paragraph (1) is that the”;

in paragraph (5)—

omit paragraph (6)(a).