Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

(The document as of February, 2008)

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(4) In this section--

"councillor" means a member of a district council;
"councillor's allowance" means such payments for or in connection with the work which a person undertakes as a councillor as the Department may prescribe for the purposes of this section; and where any such payments are made otherwise than weekly, an amount calculated or estimated in accordance with regulations shall be regarded as the weekly amount of the payments;
"net amount", in relation to any councillor's allowance to which a person is entitled, means the aggregate amount of the councillor's allowance or allowances to which he is entitled for the week in question, reduced by the amount of any expenses incurred by him in that week in connection with his membership of the council or councils in question;
"permitted earnings limit" means the amount specified in regulation 3(3) of the [S.R. (N.I.) 1984 No. 245.] Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations (Northern Ireland) 1984;
"pre-commencement period" means the [S.I. 1989/1342 (N.I. 13).] period beginning with 11th May 1987 and ending immediately before 9th October 1989 (the coming into operation of paragraph 2 of Schedule 8 to the Social Security (Northern Ireland) Order 1989 which made provision corresponding to the provision made by this section).

(5) Any reference in this section to the work which a person undertakes, or is capable of undertaking, as a councillor shall be taken to include a reference to any work which he undertakes, or is capable of undertaking, as a member of any body established under any statutory provision of which he is a member by virtue of his being a councillor.

Invalidity benefit - disqualifications, etc.

59 Invalidity benefit - disqualifications, etc

(1) Regulations may provide for disqualifying a person for receiving invalidity benefit for such period not exceeding 6 weeks as may be determined in accordance with Part II of the Administration Act if--

(a) he has become incapable of work through his own misconduct; or

(b) he fails without good cause to attend for, or to submit himself to, such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.

(2) Regulations may also provide for imposing, in the case of any prescribed category of persons--

(a) additional conditions with respect to the receipt of invalidity benefit; and

(b) restrictions on the rate and duration of invalidity benefit,

if, having regard to special circumstances, it appears to the Department necessary to do so for the purpose of preventing inequalities, or injustice to the general body of employed earners, or of earners generally, as the case may be.

(3) For the purposes of this section "week" means any period of 7 days.

Partial satisfaction of contribution conditions

60 Partial satisfaction of contribution conditions

(1) Subject to the provisions of this section, regulations may provide for persons to be entitled to any of the following benefits, namely--

(a) a widowed mother's allowance,

(b) a widow's pension,

(d) a Category B retirement pension,

in cases where the first contribution condition specified in relation to that benefit in paragraph 5 of Schedule 3 to this Act is satisfied and the second contribution condition so specified is not.

(2) Subject to subsection (8) below, in any case where--

(a) an employed earner who is married dies as a result of--

(i) a personal injury of a kind mentioned in section 94(1) below, or

(ii) a disease or injury such as is mentioned in section 108(1) below, and

(b) the contribution conditions are not wholly satisfied in respect of him,

those conditions shall be taken to be satisfied for the purposes of his widow's entitlement to any of the benefits specified in subsection (3) below.

(3) The benefits referred to in subsection (2) above are the following--

(a) a widow's payment;

(b) a widowed mother's allowance;

(d) a Category B retirement pension payable to a woman which is payable to her at the same rate as her widow's pension or which falls within section 49(4) above.

(4) Subject to subsections (6) and (7) below, regulations under subsection (1) above shall provide for benefit payable by virtue of any such regulations to be payable at a rate, or to be of an amount, less than that which would be applicable under this Part of this Act had both of the relevant contribution conditions been fully satisfied.

(5) Subject to subsections (6) and (7) below, the rate or amount prescribed by regulations under subsection (1) above may vary with the extent to which the relevant contribution conditions are satisfied (and may be nil).

(6) The amount prescribed by regulations under subsection (1) above for any increase of benefit in respect of a child shall, subject to subsection (7) below, be the same as if both of the relevant contribution conditions had been fully satisfied.

(7) Regulations may provide that where--

(a) a person is entitled by virtue of subsection (1) above to a Category A or Category B retirement pension consisting only of the additional pension with no basic pension, and

(b) that retirement pension, and any graduated retirement benefit to which he may be entitled, together amount to less than the prescribed rate,

that person's entitlement as respects that retirement pension shall be satisfied either altogether or for a prescribed period by the making of a single payment of the prescribed amount.

(8) Subsection (2) above only has effect where the employed earner's death occurred on or after 11th April 1988.

61 Exclusion of increase of benefit for failure to satisfy contribution condition

(1) A Category A or Category B retirement pension which is payable by virtue of section 60(1) above and a widowed mother's allowance which is so payable shall not be increased under section 47(1) above or under Part IV below on account of a child or an adult if the pension or allowance contains no basic pension in consequence of a failure to satisfy a contribution condition.

(2) Where a person is entitled--

(a) to unemployment benefit at a rate determined under section 25(5) above;

(b) to sickness benefit at a rate determined under section 31(6) above; or

and the retirement pension by reference to which the rate of the benefit or invalidity pension is determined--

(i) would have been payable only by virtue of section 60 above; and

(ii) would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension,

the benefit or invalidity pension shall not be increased under section 47(1) above or under Part IV below on account of a child or an adult.

Graduated retirement benefit

62 Graduated retirement benefit

(1) So long as sections 35 and 36 of the [1966 c. 6 (N.I.).] National Insurance Act (Northern Ireland) 1966 (graduated retirement benefit) continue in force by virtue of regulations made under Schedule 3 to the [1975 c. 18.] Social Security (Consequential Provisions) Act 1975 or under Schedule 3 to the Consequential Provisions Act, regulations may make provision--

(a) for replacing section 35(4) of the National Insurance Act (Northern Ireland) 1966 (increase of graduated retirement benefit in cases of deferred retirement) with provisions corresponding to those of paragraphs 1 to 3 of Schedule 5 to this Act;

(b) for extending section 36 of that Act (increase of woman's retirement pension by reference to her late husband's graduated retirement benefit) to men and their late wives.

(2) This section is without prejudice to any power to modify those sections conferred by Schedule 3 to the Consequential Provisions Act.

Part IIIII Non-Contributory Benefits

63 Descriptions of non-contributory benefits

Non-contributory benefits under this Part of this Act are of the following descriptions, namely--

(a) attendance allowance;

(b) severe disablement allowance (with age related addition and increase for adult and child dependants);

(d) disability living allowance;

(e) guardian's allowance;

(f) retirement pensions of the following categories--

(i) Category C, payable to certain persons who were over pensionable age on 5th July 1948 and their wives and widows (with increase for adult and child dependants), and

(ii) Category D, payable to persons over the age of 80;

(g) age addition payable, in the case of persons over the age of 80, by way of increase of a retirement pension of any category or of a pension or allowance to which section 79(2) below applies.

Attendance allowance

64 Entitlement

(1) A person shall be entitled to an attendance allowance if he is aged 65 or over, he is not entitled to the care component of a disability living allowance and he satisfies either--

(a) the condition specified in subsection (2) below ("the day attendance condition"), or

(b) the condition specified in subsection (3) below ("the night attendance condition"),

and prescribed conditions as to residence and presence in Northern Ireland.

(2) A person satisfies the day attendance condition if he is so severely disabled physically or mentally that, by day, he requires from another person either--

(a) frequent attention throughout the day in connection with his bodily functions, or

(b) continual supervision throughout the day in order to avoid substantial danger to himself or others.

(3) A person satisfies the night attendance condition if he is so severely disabled physically or mentally that, at night,--

(a) he requires from another person prolonged or repeated attention in connection with his bodily functions, or

(b) in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him.

65 Period and rate of allowance

(1) Subject to the following provisions of this Act, the period for which a person is entitled to an attendance allowance shall be--

(a) a period throughout which he has satisfied or is likely to satisfy the day or the night attendance condition or both; and

(b) a period preceded immediately, or within such period as may be prescribed, by one of not less than 6 months throughout which he satisfied, or is likely to satisfy, one or both of those conditions.

(2) For the purposes of subsection (1) above a person who suffers from renal failure and is undergoing such form of treatment as may be prescribed shall, in such circumstances as may be prescribed, be deemed to satisfy or to be likely to satisfy the day or the night attendance condition or both.

(3) The weekly rate of the attendance allowance payable to a person for any period shall be the higher rate specified in Schedule 4, Part III, paragraph 1, if both as regards that period and as regards the period of 6 months mentioned in subsection (1)(b) above he has satisfied or is likely to satisfy both the day and the night attendance conditions, and shall be the lower rate in any other case.

(4) A person shall not be entitled to an attendance allowance for any period preceding the date on which he makes, or is treated as making, a claim for it.

(5) Notwithstanding anything in subsection (4) above, provision may be made by regulations for a person to be entitled to an attendance allowance for a period preceding the date on which he makes or is treated as making a claim for it if such an allowance has previously been paid to or in respect of him.

(6) Except in so far as regulations otherwise provide and subject to section 66(1) below--

(a) a claim for an attendance allowance may be made during the period of 6 months immediately preceding the period for which the person to whom the claim relates is entitled to the allowance; and

(b) an award may be made in pursuance of a claim so made, subject to the condition that, throughout that period of 6 months, that person satisfies--

(i) both the day and the night attendance conditions, or

(ii) if the award is at the lower rate, one of those conditions.

66 Attendance allowance for the terminally ill

(1) If a terminally ill person makes a claim expressly on the ground that he is such a person, then--

(a) he shall be taken--

(i) to satisfy, or to be likely to satisfy, both the day attendance condition and the night attendance condition for the remainder of his life, beginning with the date of the claim or, if later, the first date on which he is terminally ill; and

(ii) to have satisfied those conditions for the period of 6 months immediately preceding that date (so however that no allowance shall be payable by virtue of this sub-paragraph for any period preceding that date); and

(b) the period for which he is entitled to attendance allowance shall be the remainder of the person's life, beginning with that date.

(2) For the purposes of subsection (1) above--

(a) a person is "terminally ill" at any time if at that time he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months; and

(b) where a person purports to make a claim for an attendance allowance by virtue of that subsection on behalf of another, that other shall be regarded as making the claim, notwithstanding that it is made without his knowledge or authority.

67 Exclusions by regulation

(1) Regulations may provide that, in such circumstances, and for such purposes as may be prescribed, a person who is, or is treated under the regulations as, undergoing treatment for renal failure in a hospital or other similar institution otherwise than as an in-patient shall be deemed not to satisfy or to be unlikely to satisfy the day attendance condition or the night attendance condition, or both of them.

(2) Regulations may provide that an attendance allowance shall not be payable in respect of a person for any period when he is a person for whom accommodation is provided--

(a) in pursuance of Article 5, 7, 15 or 36 of the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972 ;

(b) in circumstances in which the cost is, or may be, borne wholly or partly out of public or local funds, in pursuance of those enactments or of any other enactment relating to persons under disability.

Severe disablement allowance

68 Entitlement and rate

(1) Subject to the provisions of this section, a person shall be entitled to a severe disablement allowance for any day ("the relevant day") if he satisfies--

(a) the conditions specified in subsection (2) below; or

(b) the conditions specified in subsection (3) below.

(2) The conditions mentioned in subsection (1)(a) above are that--

(a) on the relevant day he is incapable of work; and

(b) he has been incapable of work for a period of not less than 196 consecutive days--

(i) beginning not later than the day on which he attained the age of 20; and

(ii) ending immediately before the relevant day.

(3) The conditions mentioned in subsection (1)(b) above are that--

(a) on the relevant day he is both incapable of work and disabled; and

(b) he has been both incapable of work and disabled for a period of not less than 196 consecutive days ending immediately before the relevant day.

(4) A person shall not be entitled to a severe disablement allowance if--

(a) he is under the age of 16;

(b) he is receiving full-time education;

(i) as to residence in Northern Ireland; or

(ii) as to presence there; or

(d) he has attained pensionable age and--

(i) was not entitled to a severe disablement allowance immediately before he attained that age; and

(ii) is not treated by regulations as having been so entitled immediately before he attained that age.

(5) A person shall not be entitled to a severe disablement allowance for any day which as between him and his employer falls within a period of entitlement for the purposes of statutory sick pay.

(6) A person is disabled for the purposes of this section if he suffers from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with Schedule 6 to this Act amounts to not less than 80 per cent.

(7) A severe disablement allowance shall be paid at the weekly rate specified in Schedule 4, Part III, paragraph 2.

(8) The amount of severe disablement allowance payable for any relevant day shall be one sixth of the weekly rate referred to in subsection (7) above.

(9) In any case where--

(a) a severe disablement allowance is payable to a woman in respect of one or more relevant days in a week; and

(b) an amount of statutory maternity pay becomes payable to her on any day in that week,

the amount of the severe disablement allowance (including any increase for a child or adult dependant under section 90(a) below) so payable shall be reduced by the amount of the statutory maternity pay, and only the balance (if any) shall be payable.

(10) Where--

(a) a person who is engaged and normally engaged in remunerative work ceases to be so engaged; and

(b) he is entitled to a disability working allowance for the week in which there falls the last day on which he is so engaged; and

(c) he qualified for a disability working allowance for that week by virtue of a severe disablement allowance having been payable to him; and

(d) the first day after he ceases to be engaged as mentioned in paragraph (a) above is a day on which he is incapable of work and falls not later than the end of the period of two years beginning with the last day for which he was entitled to a severe disablement allowance,

any day since that day which fell within a week for which he was entitled to a disability working allowance shall be treated for the purposes of any claim for a severe disablement allowance for a period commencing after he ceases to be engaged as mentioned in paragraph (a) above as having been a day on which he was both incapable of work and disabled.

(11) Regulations--

(a) may direct that persons who--

(i) have attained retiring age; and

(ii) were entitled to a severe disablement allowance immediately before they attained that age,

shall continue to be so entitled notwithstanding that they do not satisfy the conditions specified in subsection (2) or (3) above;

(b) may direct--

(i) that persons who have previously been entitled to a severe disablement allowance shall be entitled to such an allowance notwithstanding that they do not satisfy the conditions specified in subsection (2)(b) or (3)(b) above;

(ii) that subsections (2)(b) and (3)(b) above shall have effect in relation to such persons subject to such modifications as may be specified in the regulations;

(i) as incapable of work; or

(ii) as receiving full-time education;

(d) may provide that, where the net amount of councillor's allowance (within the meaning of section 58 above) to which a person is entitled in respect of any week exceeds a prescribed sum, then, except in prescribed cases, an amount equal to the excess shall be deducted from the amount of any severe disablement allowance to which he is entitled in respect of that week, and only the balance remaining (if any) shall be payable; and

(e) may provide for disqualifying a person from receiving a severe disablement allowance for such period not exceeding 6 weeks as may be determined in accordance with the Administration Act if--

(i) he has become incapable of work through his own misconduct; or

(ii) he fails without good cause to attend for, or to submit himself to, such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.

(12) In determining whether a person satisfies the conditions specified in subsections (2)(b) and (3)(b) above he shall be treated as having been incapable of work on any day which falls in the pre-commencement period and which--

(a) would have been treated as a day on which he was so incapable, were there disregarded any work which he undertook (or was capable of undertaking) as a councillor, but

(b) would not have been so treated apart from this subsection.

(13) In this section--

"councillor" and "pre-commencement period" have the meanings assigned to them by section 58(4) above;
"retiring age" means 70 in the case of a man and 65 in the case of a woman,

and section 58(5) above has effect for the purposes of subsection (12) above as it has effect for the purposes of section 58 above.

69 Severe disablement allowance: age related addition

(1) If a person was under the age of 60 on the day on which he qualified for severe disablement allowance, the weekly rate of his severe disablement allowance shall be increased by an age related addition at whichever of the weekly rates specified in the second column of paragraph 3 of Part III of Schedule 4 to this Act is applicable in his case, that is to say--

(a) the higher rate, if he was under the age of 40 on the day on which he qualified for severe disablement allowance;

(b) the middle rate, if he was between the ages of 40 and 50 on that day; or

(2) Subject to subsection (4) below, for the purposes of this section the day on which a person qualified for severe disablement allowance is his first day of incapacity for work in the period of not less than 196 consecutive days mentioned in section 68(2)(b) or (3)(b) above, as the case may be, which preceded the first day in his current period of entitlement.

(3) For the purposes of this section, a person's "current period of entitlement" is a current period--

(a) which consists of one or more consecutive days on which he is or has been entitled to a severe disablement allowance; and

(b) which begins immediately after the last period of one or more consecutive days for which he was not entitled to such an allowance.

(4) Regulations--

(a) may prescribe cases where a person is to be treated for the purposes of this section as having qualified for severe disablement allowance on a prescribed day earlier than the day ascertained in accordance with subsection (2) above;

(b) may provide for days which are not days of incapacity for work in relation to a person to be treated as days of incapacity for work for the purpose of determining under this section the day on which he qualified for severe disablement allowance; and

(c) may make provision for disregarding prescribed days in computing any period of consecutive days for the purposes of subsection (3) above.

Invalid care allowance

70 Invalid care allowance

(1) A person shall be entitled to an invalid care allowance for any day on which he is engaged in caring for a severely disabled person if--

(a) he is regularly and substantially engaged in caring for that person;

(b) he is not gainfully employed; and

(c) the severely disabled person is either such relative of his as may be prescribed or a person of any such other description as may be prescribed.

(2) In this section, "severely disabled person" means a person in respect of whom there is payable either an attendance allowance or a disability living allowance by virtue of entitlement to the care component at the highest or middle rate or such other payment out of public funds on account of his need for attendance as may be prescribed.

(3) A person shall not be entitled to an allowance under this section if he is under the age of 16 or receiving full-time education.

(4) A person shall not be entitled to an allowance under this section unless he satisfies prescribed conditions as to residence or presence in Northern Ireland.

(5) Subject to subsection (6) below, a person who has attained pensionable age shall not be entitled to an allowance under this section unless he was so entitled (or is treated by regulations as having been so entitled) immediately before attaining that age.

(6) Regulations may make provision whereby a person who has attained retiring age, and was entitled to an allowance under this section immediately before attaining that age, continues to be so entitled notwithstanding that he is not caring for a severely disabled person or no longer satisfies the requirements of subsection (1)(a) or (b) above.

(7) No person shall be entitled for the same day to more than one allowance under this section; and where, apart from this subsection, two or more persons would be entitled for the same day to such an allowance in respect of the same severely disabled person, one of them only shall be entitled and that shall be such one of them--

(a) as they may jointly elect in the prescribed manner, or

(b) as may, in default of such an election, be determined by the Department in its discretion.

(8) Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a severely disabled person, as gainfully employed or as receiving full-time education.

(9) An invalid care allowance shall be payable at the weekly rate specified in Schedule 4, Part III, paragraph 4.

(10) In this section "retiring age" means 70 in the case of a man and 65 in the case of a woman.

Disability living allowance

71 Disability living allowance

(1) Disability living allowance shall consist of a care component and a mobility component.

(2) A person's entitlement to a disability living allowance may be an entitlement to either component or to both of them.

(3) A person may be awarded either component for a fixed period or for life, but if his award of a disability living allowance consists of both components, he may not be awarded the components for different fixed periods.

(4) The weekly rate of a person's disability living allowance for a week for which he has only been awarded one component is the appropriate weekly rate for that component as determined in accordance with this Act or regulations under it.

(5) The weekly rate of a person's disability living allowance for a week for which he has been awarded both components is the aggregate of the appropriate weekly rates for the two components as so determined.

(6) A person shall not be entitled to a disability living allowance unless he satisfies prescribed conditions as to residence and presence in Northern Ireland.

72 The care component

(1) Subject to the provisions of this Act, a person shall be entitled to the care component of a disability living allowance for any period throughout which--

(a) he is so severely disabled physically or mentally that--

(i) he requires in connection with his bodily functions attention from another person for a significant portion of the day (whether during a single period or a number of periods); or

(ii) he cannot prepare a cooked main meal for himself if he has the ingredients;

(b) he is so severely disabled physically or mentally that, by day, he requires from another person--

(i) frequent attention throughout the day in connection with his bodily functions; or

(ii) continual supervision throughout the day in order to avoid substantial danger to himself or others; or

(i) he requires from another person prolonged or repeated attention in connection with his bodily functions; or

(ii) in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him.

(2) Subject to the following provisions of this section, a person shall not be entitled to the care component of a disability living allowance unless--

(a) throughout--

(i) the period of 3 months immediately preceding the date on which the award of that component would begin; or

(ii) such other period of 3 months as may be prescribed,

he has satisfied or is likely to satisfy one or other of the conditions mentioned in subsection (1)(a) to (c) above; and

(b) he is likely to continue to satisfy one or other of those conditions throughout--

(i) the period of 6 months beginning with that date; or

(ii) (if his death is expected within the period of 6 months beginning with that date) the period so beginning and ending with his death.

(3) Three weekly rates of the care component shall be prescribed.

(4) The weekly rate of the care component payable to a person for each week in the period for which he is awarded that component shall be--

(a) the highest rate, if he falls within subsection (2) above by virtue of having satisfied or being likely to satisfy both the conditions mentioned in subsection (1)(b) and (c) above throughout both the period mentioned in paragraph (a) of subsection (2) above and that mentioned in paragraph (b) of that subsection;

(b) the middle rate, if he falls within that subsection by virtue of having satisfied or being likely to satisfy one or other of those conditions throughout both those periods; and

(5) For the purposes of this section, a person who is terminally ill, as defined in section 66(2) above, and makes a claim expressly on the ground that he is such a person, shall be taken--

(a) to have satisfied the conditions mentioned in subsection (1)(b) and (c) above for the period of 3 months immediately preceding the date of the claim, or, if later, the first date on which he is terminally ill (so however that the care component shall not be payable by virtue of this paragraph for any period preceding that date); and

(b) to satisfy or to be likely to satisfy those conditions for the remainder of his life beginning with that date.

(6) For the purposes of this section in its application to a person for any period in which he is under the age of 16--

(a) sub-paragraph (ii) of subsection (1)(a) above shall be omitted; and

(b) neither the condition mentioned in sub-paragraph (i) of that paragraph nor any of the conditions mentioned in subsection (1)(b) and (c) above shall be taken to be satisfied unless--

(i) he has requirements of a description mentioned in subsection (1)(a), (b) or (c) above substantially in excess of the normal requirements of persons of his age; or

(ii) he has substantial requirements of any such description which younger persons in normal physical and mental health may also have but which persons of his age and in normal physical and mental health would not have.

(7) Subject to subsections (5) and (6) above, circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy such of the conditions mentioned in subsection (1)(a) to (c) above as may be prescribed.

(8) Regulations may provide that a person shall not be paid any amount in respect of a disability living allowance which is attributable to entitlement to the care component for a period when he is a person for whom accommodation is provided--

(a) in pursuance of Article 5, 7, 15 or 36 of the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972; or

73 The mobility component

(1) Subject to the provisions of this Act, a person shall be entitled to the mobility component of a disability living allowance for any period in which he is over the age of 5 and throughout which--

(a) he is suffering from physical disablement such that he is either unable to walk or virtually unable to do so;

(b) he falls within subsection (2) below;

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