
1 

(1) These Regulations may be cited as the Social Security (Incapacity for Work and Severe Disablement Allowance) (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 1st April 1997.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Assembly.
2 
In regulation 10(1) of the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984 (adjudication)—
(a) sub-paragraph (a) shall be omitted;
(b) for sub-paragraph (b) there shall be substituted the following sub-paragraph—“
(b) evidence that on that day he is or was entitled to the highest rate of the care component of disability living allowance prescribed in accordance with section 72(3) and (4)(a) of the Contributions and Benefits Act;”;
(c) for sub-paragraph (f) there shall be substituted the following sub-paragraph—“
(f) evidence that on that day he is or was certified as blind and in consequence is registered as blind in a register maintained by, or on behalf of, a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972;”.
3 
In regulation 10(2) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 (certain persons with a severe condition to be treated as incapable of work) after sub-paragraph (a) there shall be inserted the following sub-paragraphs—“
(aa) that he is entitled to—
(i) a disablement pension by virtue of section 103 of the Contributions and Benefits Act by reference to a degree of disability of not less than 80 per cent.;
(ii) a disablement pension by virtue of Part III of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 or of Part III of the Personal Injuries (Civilians) Scheme 1983 by reference to a degree of disability of not less than 80 per cent.;
(ab) that evidence in accordance with regulation 10 of the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984 (adjudication), establishes that he suffers from a loss of physical or mental faculty such that the extent of the resulting disablement amounts to not less than 80 per cent.”.
4 

(1) Where—
(a) before the coming into operation of these Regulations, a person is entitled to severe disablement allowance by virtue of having satisfied regulation 10(1)(a), (b) or (f) of the Severe Disablement Allowance Regulations, as then in operation; and
(b) after the coming into operation of these Regulations, he is a person in respect of whom any day is to be treated as part of one period of incapacity for work, within the meaning of section 30C(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, which began before the coming into operation of these Regulations,
regulation 10 of the Severe Disablement Allowance Regulations shall continue to have effect as if regulation 2 had not been made.
(2) In this regulation “the Severe Disablement Allowance Regulations” means the Social Security (Severe Disablement Allowance) Regulations (Northern Ireland) 1984.
5 
Regulation 8 of the Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations (Northern Ireland) 1992 is hereby revoked.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
John O'Neill
Assistant Secretary
21st March 1997.