Non-contributory benefits under this Part of this Act are of the following descriptions, namely—
(a) attendance allowance;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) carer’s allowance ... ;
(d) disability living allowance;
(e) guardian’s allowance;
(f) retirement pensions of the following categories—
(i) Category C, payable in certain cases to a widow whose husband was over pensionable age on 5 July 1948 or to a woman whose marriage to a husband who was over pensionable age on that date was terminated otherwise than by his death (with increase for adult ... 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 under this Act or of a pension or allowance to which section 79(2) below applies.
(1) A person shall be entitled to an attendance allowance if he has attained pensionable age, he is not entitled to an allowance within subsection (1A) 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.
(1A) The following allowances are within this subsection—
(a) personal independence payment;
(aa) adult disability payment;
(b) the care component of a disability living allowance.
(c) pension age disability payment.
(d) the care component of Scottish adult disability living allowance.
(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.
(4) Circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy such of the conditions mentioned in subsections (2) and (3) above as may be prescribed.
(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.
(7) A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to an attendance allowance for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.
(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 so much of the period for which he is terminally ill as does not fall before the date of the claim; and
(ii) to have satisfied those conditions for the period of 6 months immediately preceding the date of the claim or, if later, the first date on which he is terminally ill (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 so much of the period for which he is terminally ill as does not fall before the date of the claim.
(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 12 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.
(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 a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.
(3) The reference in subsection (2) above to a care home is to an establishment that provides accommodation together with nursing or personal care.
(4) The following are qualifying services for the purposes of subsection (2) above—
(a) accommodation,
(b) board, and
(c) personal care.
(5) The reference in subsection (2) above to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations.
(6) The power to specify an enactment for the purposes of subsection (2) above includes power to specify it only in relation to its application for a particular purpose.
(1) A person shall be entitled to a carer’s 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.
(1A) A person who was entitled to an allowance under this section immediately before the death of the severely disabled person referred to in subsection (1) above shall, notwithstanding that he is no longer engaged in caring for a severely disabled person and the requirements of paragraphs (a) and (c) of that subsection are no longer satisfied, continue to be entitled to it until –
(a) the end of the week in which he ceases to satisfy any other requirement as to entitlement to the allowance; or
(b) the expiry of the period of 8 weeks beginning with the Sunday following the death (or beginning with the date of death if the death occurred on a Sunday),
whichever first occurs.
(2) In this section, “severely disabled person” means a person in respect of whom there is payable—
(a) armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
(b) an attendance allowance;
(c) a disability living allowance by virtue of entitlement to the care component at the highest or middle rate;
(d) personal independence payment by virtue of entitlement to the daily living component at the standard or enhanced rate; ...
(da) a child disability payment by virtue of entitlement to the care component at the highest or middle rate by virtue of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 in circumstances where the person is resident in Northern Ireland and regulation 36(1) of those Regulations applies; ...
(db) an adult disability payment by virtue of entitlement to the daily living component at the standard or enhanced rate by virtue of the Disability Assistance for Working Age People (Scotland) Regulations 2022 in circumstances where the person is resident in Northern Ireland and regulation 53(1) of those Regulations applies; ...
(dc) a pension age disability payment by virtue of the Disability Assistance for Older People (Scotland) Regulations 2024 in circumstances where the person is resident in Northern Ireland and regulation 45(1) of those Regulations applies; ...
(dd) a Scottish adult disability living allowance by virtue of entitlement to the care component at the middle or highest rate by virtue of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 in circumstances where the person is resident in Northern Ireland and regulation 48(1) of those Regulations applies; or
(e) 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.
(4A) A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to an allowance under this section for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) No person shall be entitled for the same day to—
(a) more than one allowance under this section; or
(b) both an allowance under this section and carer support payment.
(7ZA) Where, apart from this subsection, two or more persons would have a relevant entitlement for the same day in respect of the same severely disabled person, one of them only shall have that entitlement 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.
(7ZB) Subsection (7ZC) applies where (disregarding the effect of regulation 5(3) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023) a person (A) has an entitlement to carer support payment for a day in respect of a severely disabled person.
(7ZC) Another person (B) shall not have a relevant entitlement for the same day in respect of the same severely disabled person unless—
(a) A and B jointly elect in the prescribed manner that B shall have the relevant entitlement (and that A shall not have an entitlement to carer support payment) for that day in respect of that severely disabled person; or
(b) in default of such an election, the Department is satisfied, following consultation with the Scottish Ministers, that—
(i) the Scottish Ministers have decided (under regulation 24 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023) that A shall not have an entitlement to carer support payment for that day in respect of that severely disabled person; and
(ii) B shall have the relevant entitlement for that day in respect of that severely disabled person.
(7A) For the purposes of subsections (7ZA) and (7ZC) a person has a “relevant entitlement” if—
(a) the person is entitled to a carer’s allowance, or
(b) the person is entitled under Article 17 of the Welfare Reform (Northern Ireland) Order 2015 to the inclusion in an award of universal credit of an amount in respect of the fact that the person has regular and substantial caring responsibilities for a severely disabled person.
(7B) In this section, “carer support payment” means the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.
(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) A carer’s allowance shall be payable at the weekly rate specified in Schedule 4, Part III, paragraph 4.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 an indefinite period, 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.
(7) A person is not entitled to a disability living allowance while the person is entitled to—
(a) child disability payment,
(b) adult disability payment,...
(c) pension age disability payment , or
(d) Scottish adult disability living allowance.
(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
(c) he is so severely disabled physically or mentally that, at night,—
(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.
(1A) In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) above has effect subject to the following modifications—
(a) the condition mentioned in subsection (1)(a)(ii) above shall not apply, and
(b) none of the other conditions mentioned in subsection (1) above shall be taken to be satisfied unless—
(i) he has requirements of a description mentioned in the condition substantially in excess of the normal requirements of persons of his age, or
(ii) he has substantial requirements of such a 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.
(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 expected to die within the period of 12 months beginning with that date, either the period of 6 months beginning with that date or the period beginning with that date and ending at death.
(2A) The modifications mentioned in subsection (1A) above shall have effect in relation to the application of subsection (1) above for the purposes of subsection (2) above, but only—
(a) in the case of a person who is under the age of 16 on the date on which the award of the care component would begin, and
(b) in relation to so much of any period mentioned in subsection (2) above as falls before the day on which he reaches the age of 16.
(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 (as the case may be) the period mentioned in paragraph (b)(i), or a period mentioned in paragraph (b)(ii), 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 the period mentioned in paragraph (a) of that subsection and (as the case may be) the period mentioned in paragraph (b)(i), or a period mentioned in paragraph (b)(ii), of that subsection; and
(c) the lowest rate in any other case.
(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 (notwithstanding subsection (1A)(b) above) 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 so much of the period for which he is terminally ill as does not fall before the date of the claim.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Subject to subsection (5) 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.
(7A) Subsection (1A) above has effect subject to regulations made under subsection (7) above (except as otherwise prescribed).
(7B) A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to the care component of a disability living allowance for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.
(8) Regulations may provide that no amount in respect of a disability living allowance which is attributable to entitlement to the care component shall be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.
(9) The reference in subsection (8) above to a care home is to an establishment that provides accommodation together with nursing or personal care.
(10) The following are qualifying services for the purposes of subsection (8) above—
(a) accommodation,
(b) board, and
(c) personal care.
(11) The reference in subsection (8) above to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations.
(12) The power to specify an enactment for the purposes of subsection (8) above includes power to specify it only in relation to its application for a particular purpose.
(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 relevant age and throughout which—
(a) he is suffering from physical disablement such that he is either unable to walk or virtually unable to do so;
(ab) he falls within subsection (1AB) below;
(b) he does not fall within that subsection but does fall within subsection (2) below;
(c) he falls within subsection (3) below; or
(d) he is able to walk but is so severely disabled physically or mentally that, disregarding any ability he may have to use routes which are familiar to him on his own, he cannot take advantage of the faculty out of doors without guidance or supervision from another person most of the time.
(1A) In subsection (1) above “the relevant age” means—
(a) in relation to the conditions mentioned in paragraph (a), (ab), (b) or (c) of that subsection, the age of 3;
(b) in relation to the conditions mentioned in paragraph (d) of that subsection, the age of 5.
(1AB) A person falls within this subsection if—
(a) he has such severe visual impairment as may be prescribed; and
(b) he satisfies such other conditions as may be prescribed.
(2) A person falls within this subsection if—
(a) he is both blind and deaf; and
(b) he satisfies such other conditions as may be prescribed.
(3) A person falls within this subsection if—
(a) he is severely mentally impaired; and
(b) he displays severe behavioural problems; and
(c) he satisfies both the conditions mentioned in section 72(1)(b) and (c) above.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4A) In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) above has effect subject to the modification that the condition mentioned in paragraph (d) of that subsection shall not be taken to be satisfied unless—
(a) he requires substantially more guidance or supervision from another person than persons of his age in normal physical and mental health would require, or
(b) persons of his age in normal physical and mental health would not require such guidance or supervision.
(5) ... circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy a condition mentioned in subsection (1)(a) or (d) or subsection (2)(a) above.
(5A) Subsection (4A) above has effect subject to regulations made under subsection (5) above (except as otherwise prescribed).
(6) Regulations shall specify the cases which fall within subsection (3)(a) and (b) above.
(7) A person who is to be taken for the purposes of section 72 above to satisfy or not to satisfy a condition mentioned in subsection (1)(b) or (c) of that section is to be taken to satisfy or not to satisfy it for the purposes of subsection (3)(c) above.
(8) A person shall not be entitled to the mobility component for a period unless during most of that period his condition will be such as permits him from time to time to benefit from enhanced facilities for locomotion.
(9) A person shall not be entitled to the mobility 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 (d) 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 expected to die within the period of 12 months beginning with that date, either the period of 6 months beginning with that date or the period beginning with that date and ending at death.
(9A) The modifications mentioned in subsection (4A) above shall have effect in relation to the application of subsection (1) above for the purposes of subsection (9) above, but only—
(a) in the case of a person who is under the age of 16 on the date on which the award of the mobility component would begin, and
(b) in relation to so much of any period mentioned in subsection (9) above as falls before the day on which he reaches the age of 16.
(10) Two weekly rates of the mobility component shall be prescribed.
(11) The weekly rate of the mobility component payable to a person for each week in the period for which he is awarded that component shall be—
(a) the higher rate, if he falls within subsection (9) above by virtue of having satisfied or being likely to satisfy one or other of the conditions mentioned in subsection (1)(a), (ab), (b) and (c) above throughout both the period mentioned in paragraph (a) of subsection (9) above and (as the case may be) the period mentioned in paragraph (b)(i), or a period mentioned in paragraph (b)(ii), of that subsection; and
(b) the lower rate in any other case.
(12) For the purposes of this section in its application to a person who is terminally ill, as defined in section 66(2) above, and who makes a claim expressly on the ground that he is such a person—
(a) subsection (9)(a) above shall be omitted; and
(b) subsection (11)(a) above shall have effect as if for the words from “both” to “subsection”, in the fourth place where it occurs, there were substituted the words “(as the case may be) the period mentioned in paragraph (b)(i), or a period mentioned in paragraph (b)(ii), of subsection (9) above”.
(13) Regulations may prescribe cases in which a person who has the use—
(a) of an invalid carriage or other vehicle provided under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 or provided by the Secretary of State under section 5(2)(a) of the National Health Service Act 1977 and Schedule 2 to that Act or under section 46 of the National Health Service (Scotland) Act 1978; or
(b) of any prescribed description of appliance supplied under that Order being such an appliance as is primarily designed to afford a means of personal and independent locomotion out of doors,
is not to be paid any amount attributable to entitlement to the mobility component or is to be paid disability living allowance at a reduced rate in so far as it is attributable to that component.
(14) A payment to or in respect of any person which is attributable to his entitlement to the mobility component, and the right to receive such a payment, shall (except in prescribed circumstances and for prescribed purposes) be disregarded in applying any enactment or instrument under which regard is to be had to a person’s means.
74 Mobility component for certain persons eligible for invalid carriages.
(1) Regulations may provide for the issue, variation and cancellation of certificates in respect of prescribed categories of persons to whom this section applies; and a person in respect of whom such a certificate is issued shall, during any period while the certificate is in force, be deemed for the purposes of section 73 above to satisfy the condition mentioned in subsection (1)(a) of that section and to fall within paragraphs (a) and (b) of subsection (9) by virtue of having satisfied or being likely to satisfy that condition throughout both the period mentioned in paragraph (a) of that subsection and (as the case may be) the period mentioned in paragraph (b)(i), or a period mentioned in paragraph (b)(ii), of that subsection.
(2) This section applies to any person whom the Department considers—
(a) was on 1st January 1976 in possession of an invalid carriage or other vehicle provided in pursuance of Article 30 of the Health and Personal Social Services (Northern Ireland) Order 1972 (which relates to vehicles for persons suffering from physical defect or disability) or receiving payments in pursuance of paragraph (3) of that Article;
(b) had at that date, or at a later date specified by the Department made an application which the Department approved for such a carriage or vehicle or for such payments;
(c) was, both at some time during a prescribed period before that date and at some time during a prescribed period after that date, in possession of such a carriage or vehicle or receiving such payments; or
(d) would have been, by virtue of any of the preceding paragraphs, a person to whom this section applies but for some error or delay for which in the opinion of the Department the person was not responsible and which was brought to the attention of the Department within the period of one year beginning with 30th March 1977 (the date of the making of the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977, Article 10 of which made provision corresponding to the provision made by this section).
(1) Except to the extent to which regulations provide otherwise, no person shall be entitled to either component of a disability living allowance for any period after he attains pensionable age otherwise than by virtue of an award made before he attains that age.
(2) Regulations may provide in relation to persons who are entitled to a component of a disability living allowance by virtue of subsection (1) above that any provision of this Act which relates to disability living allowance, other than section 74 above, so far as it so relates, and any provision of the Administration Act which is relevant to disability living allowance—
(a) shall have effect subject to modifications, additions or amendments; or
(b) shall not have effect.
(1) Subject to subsection (2) below, a person shall not be entitled to a disability living allowance for any period preceding the date on which a claim for it is made or treated as made by him or on his behalf.
(2) Notwithstanding anything in subsection (1) above, provision may be made by regulations for a person to be entitled to a component of a disability living allowance for a period preceding the date on which a claim for such an allowance is made or treated as made by him or on his behalf if he has previously been entitled to that component.
(3) For the purposes of sections 72(5) and 73(12) above, where—
(a) a person purports to make a claim for a disability living allowance on behalf of another; and
(b) the claim is made expressly on the ground that the person on whose behalf it purports to be made is terminally ill,
that person shall be regarded as making the claim notwithstanding that it is made without his knowledge or authority.
(1) A person shall be entitled to a guardian’s allowance in respect of a child or qualifying young person if—
(a) he is entitled to child benefit in respect of that child or qualifying young person, and
(b) the circumstances are any of those specified in subsection (2) below;
...
(2) The circumstances referred to in subsection (1)(b) above are—
(a) that both of the parents of the child or qualifying young person are dead;
(b) that one of the parents of the child or qualifying young person is dead and the person claiming a guardian’s allowance shows that he was at the date of the death unaware of, and has failed after all reasonable efforts to discover, the whereabouts of the other parent; or
(c) that one of the parents of the child or qualifying young person is dead and the other is in prison.
(3) There shall be no entitlement to a guardian’s allowance in respect of a child or qualifying young person unless at least one of the parents of the child or qualifying young person satisfies, or immediately before his death satisfied, such conditions as may be prescribed as to nationality, residence, place of birth or other matters.
(4) Where, apart from this subsection, a person is entitled to receive, in respect of a particular child or qualifying young person, payment of an amount by way of a guardian’s allowance, that amount shall not be payable unless one of the conditions specified in subsection (5) below is satisfied.
(5) Those conditions are—
(a) that the beneficiary would be treated for the purposes of Part IX of this Act as having the child or qualifying young person living with him; or
(b) that the requisite contributions are being made to the cost of providing for the child or qualifying young person.
(6) The condition specified in subsection (5)(b) above is to be treated as satisfied if, but only if—
(a) such contributions are being made at a weekly rate not less than the amount referred to in subsection (4) above—
(i) by the beneficiary; or
(ii) where the beneficiary is one of two spouses or civil partners residing together, by them together; and
(b) except in prescribed cases, the contributions are over and above those required for the purpose of satisfying section 139(1)(b) below.
(7) A guardian’s allowance in respect of a child or qualifying young person shall be payable at the weekly rate specified in Schedule 4, Part III, paragraph 5.
(8) Regulations—
(a) may modify subsection (2) or (3) above in relation to cases in which a child or qualifying young person has been adopted or is illegitimate, or the marriage of the parents of a child or qualifying young person has been terminated by divorce or the civil partnership of the the parents of a child or qualifying young person has been dissolved;
(b) shall prescribe the circumstances in which a person is to be treated for the purposes of this section as being in prison (by reference to his undergoing a sentence of imprisonment for life or of a prescribed minimum duration, or to his being in legal custody in prescribed circumstances); and
(c) may, for cases where entitlement to a guardian’s allowance is established by reference to a person being in prison, provide—
(i) for requiring him to pay to the National Insurance Fund sums paid by way of a guardian’s allowance;
(ii) for suspending payment of an allowance where a conviction, sentence or order of a court is subject to appeal, and for matters arising from the decision of an appeal;
(iii) for reducing the rate of an allowance in cases where the person in prison contributes to the cost of providing for the child or qualifying young person.
(9) Where a man and woman are married to, or civil partners of, each other and are residing together, and, apart from this subsection, they would each be entitled to a guardian’s allowance in respect of the same child or qualifying young person, only the woman shall be entitled, but payment may be made either to her or to him unless she elects in the prescribed manner that payment is not to be made to him.
(10) Subject to subsection (11) below, no person shall be entitled to a guardian’s allowance in respect of a child or qualifying young person of which he or she is the parent.
(11) Where a person—
(a) has adopted a child or qualifying young person; and
(b) was entitled to guardian’s allowance in respect of the child or qualifying young person immediately before the adoption,
subsection (10) above shall not terminate his entitlement.
78 Category C and Category D retirement pensions and other benefits for the aged.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A person who is over the age of 80 , who reached pensionable age before 6 April 2016 and who satisfies such conditions as may be prescribed shall be entitled to a Category D retirement pension at the appropriate weekly rate if—
(a) he is not entitled to a Category A, Category B or Category C retirement pension; or
(b) he is entitled to such a pension, but it is payable at a weekly rate which, disregarding those elements specified in subsection (4) below, is less than the appropriate weekly rate.
(4) The elements referred to in subsection (3)(b) above are—
(a) any additional pension;
(b) any increase so far as attributable to—
(i) any additional pension, or
(ii) any increase in a guaranteed minimum pension;
(c) any graduated retirement benefit; and
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The appropriate weekly rate of a Category D retirement pension shall be that specified in Schedule 4, Part III, paragraph 7.
(7) Entitlement to a ... Category D retirement pension shall continue throughout the pensioner’s life.
(8) A ... Category D retirement pension shall not be payable for any period falling before the day on which the pensioner’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(l) of the Administration Act.
(9) Regulations may provide for the payment—
(a) to a widow whose husband was over pensionable age on 5th July 1948; or
(b) to a woman whose marriage to a husband who was over pensionable age on that date was terminated otherwise than by his death,
of a Category C retirement pension or of benefit corresponding to a widow’s pension or a widowed mother’s allowance; and any such retirement pension or any such benefit shall be at the prescribed rate.
(1) A person who is over the age of 80 and entitled to a retirement pension of any category under this Act shall be entitled to an increase of the pension, to be known as “age addition”.
(2) Where a person is in receipt of a pension or allowance payable by virtue of any prescribed enactment or instrument (whether passed or made before or after this Act) and—
(a) he is over the age of 80; and
(b) he fulfils such other conditions as may be prescribed,
he shall be entitled to an increase of that pension or allowance, also known as age addition.
(3) Age addition shall be payable for the life of the person entitled, at the weekly rate specified in Schedule 4, Part III, paragraph 8.
86A Incapacity benefit: increase for adult dependants.
(1) The weekly rates of short-term and long-term incapacity benefit shall, in such circumstances as may be prescribed, be increased for adult dependants by the appropriate amount specified in relation to benefit of that description in Schedule 4, Part IV, column (3).
(2) Regulations may provide that where the person in respect of whom an increase of benefit is claimed has earnings in excess of such amount as may be prescribed there shall be no increase of benefit under this section.
87 Rate of increase where associated retirement pension is attributable to reduced contributions.
(1) Where a person—
(a) is entitled to short-term incapacity benefit under section 30A(2)(b) above; and
(b) would have been entitled only by virtue of section 60(1) above to the retirement pension by reference to which the rate of that benefit . . . is determined,
the amount of any increase of the benefit attributable to sections 82 to 86A above shall be determined in accordance with regulations under this section.
(2) The regulations shall not provide for any such increase in a case where the retirement pension by reference to which the rate of the said benefit . . . is determined—
(a) would have been payable only by virtue of section 60 above; and
(b) would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension.
89 Earnings to include occupational and personal pensions etc. for purposes of provisions relating to increases of benefits in respect of ... adult dependants.
(1) Except as may be prescribed, in ... sections 82 and 86A above, and in regulations under section 86A above, any reference to earnings includes a reference to payments by way of occupational or personal pension.
(1A) Except as may be prescribed, in sections 82 and 86A above, and in regulations under section 86A above, any reference to earnings includes a reference to payments by way of PPF periodic payments.
(2) For the purposes of the provisions mentioned in subsections (1) and (1A) above, the Department may by regulations provide, in relation to cases where payments by way of occupational or personal pension or PPF periodic payments are made otherwise than weekly, that any necessary apportionment of the payments shall be made in such manner and on such basis as may be prescribed.
(3) In this section “PPF periodic payments” means—
(a) any periodic compensation payments made in relation to a person, payable under the pension compensation provisions as specified in Article 146(2) of the Pensions (Northern Ireland) Order 2005 or section 162(2) of the Pensions Act 2004 (the pension compensation provisions); or
(b) any periodic payments made in relation to a person, payable under Article 150 of the Pensions (Northern Ireland) Order 2005 or section 166 of the Pensions Act 2004 (duty to pay scheme benefits unpaid at assessment date etc.),
other than payments made to a surviving dependant of a person entitled to such compensation.
91 Effect of trade disputes on entitlement to increases.
(1) A beneficiary shall not be entitled—
(a) to an increase in any benefit under or by virtue of sections 82 to 88 above; or
(b) to an increase in benefit ... by virtue of regulations under section 90 above,
if the person in respect of whom he would be entitled to the increase falls within subsection (2) below.
(2) A person falls within the subsection if—
(a) he is prevented for being entitled to a jobseeker’s allowance by Article 16 of the Jobseekers (Northern Ireland) Order 1995 (trade disputes); or
(b) he would be so prevented if he were otherwise entitled to that benefit.
92 Dependency increases: continuation of awards in cases of fluctuating earnings.
(1) Where a beneficiary—
(a) has been awarded an increase of benefit under this Part of this Act, but
(b) ceases to be entitled to the increase by reason only that the weekly earnings of some other person (“the relevant earner”) exceed the amount of the increase or, as the case may be, some specified amount,
then, if and so long as the beneficiary would have continued to be entitled to the increase, disregarding any such excess of earnings, the award shall continue in force but the increase shall not be payable for any week if the earnings relevant to that week exceed the amount of the increase or, as the case may be, the specified amount.
(2) In this section the earnings which are relevant to any week are those earnings of the relevant earner which, apart from this section, would be taken into account in determining whether the beneficiary is entitled to the increase in question for that week.
93 Dependency increases on termination of employment after period of entitlement to disability working allowance.
Where—
(a) a person becomes entitled—
(i) to the higher rate of short-term incapacity benefit, or to long-term incapacity benefit, by virtue of section 30C(5) or (6) or section 42 above;. . .
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) when he was last entitled to that benefit. . ., it was increased in respect of a dependant by virtue of—
(i) regulation 8(6) of the Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977;
(ii) regulation 3 of the Social Security Benefit (Dependency) (Amendment) Regulations (Northern Ireland) 1984;
(iii) regulation 2 of the Social Security (Savings for Existing Beneficiaries) Regulations (Northern Ireland) 1984; or
(iv) regulation 4 of the Social Security Benefit (Dependency and Computation of Earnings) (Amendment) Regulations (Northern Ireland) 1989,
for the purpose of determining whether his benefit. . . should be increased by virtue of that regulation for any period beginning with the day on which he again becomes entitled to his benefit. . ., the increase in respect of that dependant shall be treated as having been payable to him on each day between the last day on which his benefit. . . was previously payable and the day on which he again becomes entitled to it.
(1) Industrial injuries benefit shall be payable where an employed earner suffers personal injury caused ... by accident arising out of and in the course of his employment, being employed earner’s employment.
(2) Industrial injuries benefit consists of the following benefits—
(a) disablement benefit payable in accordance with sections 103 to 105 below, paragraphs 2 and 3 of Schedule 7 to this Act and Parts II and III of that Schedule;
(b) reduced earnings allowance payable in accordance with Part IV of that Schedule;
(c) retirement allowance payable in accordance with Part V of that Schedule; and
(d) industrial death benefit, payable in accordance with Part VI of that Schedule.
(3) For the purposes of industrial injuries benefit an accident arising in the course of an employed earner’s employment shall be taken, in the absence of evidence to the contrary, also to have arisen out of that employment.
(4) Regulations may make provision as to the day which, in the case of night workers and other special cases, is to be treated for the purposes of industrial injuries benefit as the day of the accident.
(5) Subject to sections 117 and 119 below, industrial injuries benefit shall not be payable in respect of an accident happening while the earner is outside Northern Ireland.
(6) In the following provisions of this Part of this Act “work” in the contexts “incapable of work” and “incapacity for work” means work which the person in question can be reasonably expected to do.
(7) Subsection (5) above shall cease to have effect on such day as the Head of the Department may by order appoint.
(1) In section 94 above, this section and sections 98 to 109 below “employed earner’s employment” shall be taken to include any employment by virtue of which a person is, or is treated by regulations as being for the purposes of industrial injuries benefit, an employed earner.
(2) Regulations may provide that any prescribed employment shall not be treated for the purposes of industrial injuries benefit as employed earner’s employment notwithstanding that it would be so treated apart from the regulations.
(3) For the purposes of the provisions of this Act mentioned in subsection (1) above an employment shall be an employed earner’s employment in relation to an accident if (and only if) it is, or is treated by regulations as being, such an employment when the accident occurs.
(4) Any reference in the industrial injuries and diseases provisions to an “employed earner” or “employed earner’s employment” is to be construed, in relation to any time before 6th April 1975, as a reference respectively to an “insured person” or “insurable employment” within the meaning of the provisions relating to industrial injuries and diseases which were in force at that time.
(5) In subsection (4) above “the industrial injuries and diseases provisions” means—
(a) this section and sections 96 to 110 below;
(b) any other provisions of this Act so far as they relate to those sections; and
(c) any provisions of the Administration Act Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 or Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, so far as they so relate.
(1) In the industrial injuries and diseases provisions any reference to employed earner's employment shall be taken to include participation in an employment training scheme or employment training course of a prescribed description (and “employed earner” shall be construed accordingly).
(2) In those provisions, a reference to an employer, in relation to any such participation, shall be taken to be a prescribed person.
(3) In this section “industrial injuries and diseases provisions” has the same meaning as in section 95(4) above.
96 Persons treated as employers for certain purposes.
In relation to—
(a) a person who is an employed earner for the purposes of this Part of this Act otherwise than by virtue of a contract of service or apprenticeship; or
(b) any other employed earner—
(i) who is employed for the purpose of any game or recreation and is engaged or paid through a club; or
(ii) in whose case it appears to the Department there is special difficulty in the application of all or any of the provisions of this Part of this Act relating to employers,
regulations may provide for a prescribed person to be treated in respect of industrial injuries benefit and its administration as the earner’s employer.
(1) Subsection (2) below has effect in any case where—
(a) a claim is made for industrial injuries benefit in respect of an accident, or of a prescribed disease or injury; or
(b) an application is made under Article 29 of the Social Security (Northern Ireland) Order 1998 for a declaration that an accident was an industrial accident, or for a corresponding declaration as to a prescribed disease or injury.
(2) The Department may direct that the relevant employment shall, in relation to that accident, disease or injury, be treated as having been employed earner’s employment notwithstanding that by reason of a contravention of, or non-compliance with, some provision contained in or having effect under an enactment passed for the protection of employed persons or any class of employed persons, either—
(a) the contract purporting to govern the employment was void; or
(b) the employed person was not lawfully employed in the relevant employment at the time when, or in the place where, the accident happened or the disease or injury was contracted or received.
(3) In subsection (2) above “relevant employment” means—
(a) in relation to an accident, the employment out of and in the course of which the accident arises; and
(b) in relation to a prescribed disease or injury, the employment to the nature of which the disease or injury is due.
An accident shall be taken to arise out of and in the course of an employed earner’s employment, notwithstanding that he is at the time of the accident acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he is acting without instructions from his employer, if—
(a) the accident would have been taken so to have arisen had the act not been done in contravention of any such regulations or orders, or without such instructions, as the case may be; and
(b) the act is done for the purposes of and in connection with the employer’s trade or business.
(1) An accident happening while an employed earner is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be taken to arise out of and in the course of his employment if—
(a) the accident would have been taken so to have arisen had he been under such an obligation; and
(b) at the time of the accident, the vehicle—
(i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer; and
(ii) is not being operated in the ordinary course of a public transport service.
(2) In this section references to a vehicle include a ship, vessel, hovercraft or aircraft.
An accident happening to an employed earner in or about any premises at which he is for the time being employed for the purposes of his employer’s trade or business shall be taken to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.