OpenLegislation

Paragraph 1 Severe disablementI1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of regulation 6(4) (additional amounts for persons severely disabled), the claimant is to be treated as being severely disabled if, and only if –

(a)

in the case of a claimant who has no partner –

(i)

he is in receipt of F1armed forces independence payment, attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act;

(ii)

no person who has attained the age of 18 is normally residing with the claimant, nor is the claimant normally residing with such a person, other than a person to whom paragraph 2 applies, and

(iii)

no person is entitled to and in receipt of an allowance under section 70 of the Contributions and Benefits Act (carer’s allowance) in respect of caring for him;

(b)

in the case of a claimant who has a partner –

(i)

both partners are in receipt of F2armed forces independence payment, attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act, and

(ii)

no person who has attained the age of 18 is normally residing with the partners, nor are the partners normally residing with such a person, other than a person to whom paragraph 2 applies,

and either a person is entitled to, and in receipt of, an allowance under section 70 of the Contributions and Benefits Act in respect of caring for one only of the partners or, as the case may be, no person is entitled to, and in receipt of, such an allowance in respect of caring for either partner;

(c)

in the case of a claimant who has a partner and to whom head (b) does not apply –

(i)

either the claimant or his partner is in receipt of F3armed forces independence payment, attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act;

F4(ii)

the other partner is certified as severely sight impaired or blind by a consultant ophthalmologist;

(iii)

no person who has attained the age of 18 is normally residing with the partners, nor are the partners normally residing with such a person, other than a person to whom paragraph 2 applies, and

(iv)

no person is entitled to and in receipt of an allowance under section 70 of the Contributions and Benefits Act in respect of caring for the person to whom head (c)(i) applies.

(2)

A person shall be treated –

(a)

for the purposes of sub-paragraph (1) as being in receipt of F5armed forces independence payment, attendance allowance or, as the case may be, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act, for any period –

(i)

before an award is made but in respect of which the F6payment or allowance is awarded, or

(ii)

not covered by an award but in respect of which a payment is made in lieu of an award;

(b)

for the purposes of sub-paragraph (1)(b) as being in receipt of attendance allowance or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(c)

for the purposes of sub-paragraph (1), as not being in receipt of an allowance under section 70 of the Contributions and Benefits Act for any period before F7the date on which the award is first paid.

F8(3)

For the purposes of sub-paragraph (1)(c)(ii), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the requirements set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 1(1)(a)(i) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 23(4)(a)(i)

F2

Words in Sch. 1 para. 1(1)(b)(i) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 23(4)(a)(ii)

F3

Words in Sch. 1 para. 1(1)(c)(i) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 23(4)(a)(iii)

F4

Sch. 1 para. 1(1)(c)(ii) substituted (26.11.2014) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/275), regs. 1(1), 4(2)(a)(i)

F5

Words in Sch. 1 para. 1(2)(a) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 23(4)(a)(iv)

F6

Words in Sch. 1 para. 1(2)(a)(i) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 23(4)(a)(v)

F7

Words in Sch. 1 para. 1(2)(c) substituted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/154), regs. 1(2), 4

F8

Sch. 1 para. 1(3) substituted (26.11.2014) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/275), regs. 1(1), 4(2)(a)(ii)

Commencement

I1

Sch. 1 para. 1 in operation at 6.10.2003, see reg. 1(1)