Regulation 4 Amendment of the Social Security (Severe Disablement Allowance) Regulations

The Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984^f1 shall be amended in accordance with paragraphs (2) to (10) of this regulation.

In regulation 2(1) (interpretation)—

In the heading to regulation 4, for “Circumstances in which a person over pensionable age is to be treated as having been entitled to a severe disablement allowance immediately before attaining that age” there shall be substituted “Circumstances in which a person over the age of 65 is to be treated as having been entitled to a severe disablement allowance immediately before attaining that age”.

In regulation 4 for “pensionable age” there shall be substituted “the age of 65”.

After regulation 4 there shall be inserted the following regulation—

“Women aged 65 before 28th October 1994

4A

(1)

A woman shall be entitled to a severe disablement allowance if—

(a)

she attained the age of 65 before 28th October 1994;

(b)

immediately before attaining the age of 65 she would have satisfied the requirements for entitlement to a severe disablement allowance or, if she attained that age before 29th November 1984, to a non-contributory invalidity pension (whether or not she made a claim) but for—

(i)

the condition, which applied prior to 28th October 1994, in section 68(4)(d) of the Contributions and Benefits Act^f2 (exclusion of persons who had attained pensionable age and had not been entitled to a severe disablement allowance immediately before attaining that age); or

(ii)

the corresponding condition in respect of a non-contributory invalidity pension^f3; and

(c)

she satisfies the requirements for entitlement to a severe disablement allowance apart from the conditions in section 68(2), (3) and (4)(d) of the Contributions and Benefits Act.

(2)

For the purposes of paragraph (1)(b) there shall be excluded from the requirements for entitlement to a non-contributory invalidity pension the condition that the claimant, if she were married or cohabiting with a man, be incapable of performing normal household duties.”.

In the heading to regulation 5, for “Severe disablement allowance for persons over retiring age” there shall be substituted “Severe disablement allowance for persons over the age of 65”.

In regulation 5(a) for “retiring age” there shall be substituted “the age of 65”.

After regulation 5 there shall be inserted the following regulation—

“Men aged 65 before 28th October 1994

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A man who—

(a)

attained the age of 65 before 28th October 1994; and

(b)

was entitled to a severe disablement allowance or a non-contributory invalidity pension immediately before he attained that age,

shall be entitled to a severe disablement allowance notwithstanding that he ceased to satisfy the conditions specified in section 68(2) or (3) of the Contributions and Benefits Act after he attained that age, if he satisfies the other requirements for entitlement to that allowance.”.

In regulation 7(1) (days for which persons are to be treated as incapable of work) for “retiring age” there shall be substituted “the age of 65”.

In regulation 19(3) (persons formerly entitled to non-contributory invalidity pension) for “retiring age” there shall be substituted “the age of 65”.