
2000 No. 367
HOUSING; RATES; SOCIAL SECURITY
The Social Security (Enhanced Disability Premium Amendment) Regulations (Northern Ireland) 2000
Made 20th November 2000
Coming into operation in accordance with regulation 1(1)
The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a) and (d), 131(1) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and Article 6(5) of the Jobseekers (Northern Ireland) Order 1995 and now vested in it, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel in so far as regulation 3 is concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that regulation should not be referred to it, hereby makes the following Regulations:
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Social Security (Enhanced Disability Premium Amendment) Regulations (Northern Ireland) 2000 and shall come into operation—
(a) for the purposes of this regulation on 1st April 2001;
(b) for the purposes of regulation 3—
(i) in a case where rent is or rates are payable at intervals of a whole number of weeks, on 2nd April 2001, and
(ii) in any other case, on 1st April 2001, and
(c)  for all other purposes, on 9th April 2001.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Income Support (General) Regulations
2 
In the Income Support (General) Regulations (Northern Ireland) 1987—
(a) in regulation 44 (modifications in respect of children and young persons) for the words “personal allowance and disabled child premium, if any,” in each place in which they occur there shall be substituted “personal allowance, any disabled child premium and any enhanced disability premium”;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) in Schedule 2 (applicable amounts)—
(i) for paragraph 6 there shall be substituted the following paragraph—“
6 

(1) Subject to sub-paragraph (2), the following premiums, namely—
(a) a severe disability premium to which paragraph 13 applies;
(b) an enhanced disability premium to which paragraph 13A applies;
(c) a disabled child premium to which paragraph 14 applies, and
(d) a carer premium to which paragraph 14ZA applies,
may be applicable in addition to any other premium which may apply under this Schedule.
(2) An enhanced disability premium in respect of a person shall not be applicable in addition to—
(a) a pensioner premium under paragraph 9 or 9A, or
(b) a higher pensioner premium under paragraph 10.”;
(ii) after paragraph 13 (severe disability premium) there shall be inserted the following paragraph—“
Enhanced disability premium
13A 

(1) Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with Regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act in respect of—
(a) the claimant, or
(b) a member of the claimant’s family,
who is aged less than 60.
(2) An enhanced disability premium shall not be applicable in respect of—
(a) a child or young person whose capital, if calculated in accordance with Part V in like manner as for the claimant, except as provided in regulation 44(1) (modifications in respect of children and young persons) would exceed £3,000;
(b) a claimant who—
(i) is not a member of a couple or a polygamous marriage, and
(ii) is a patient within the meaning of regulation 21(3) (special cases) and has been for a period of more than six weeks, or
(c) a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 21(3) (special cases) and has been for a period of more than six weeks.”;
(iii) after paragraph 15(7) there shall be added to the table the following sub-paragraph—“

(8) Enhanced disability premium where the conditions in paragraph 13A are satisfied. 
(8) 
(a) £5·95 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;
(b) £5·95 in respect of each person who is neither—
(i) a child or young person, nor
(ii) a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 13A are satisfied;
(c) £8·60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.”.
Amendment of the Housing Benefit (General) Regulations
3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Jobseeker’s Allowance Regulations
4 
In the Jobseeker’s Allowance Regulations (Northern Ireland) 1996—
(a) in regulation 106 (modifications in respect of children and young persons) for the words “personal allowance and disabled child premium, if any,” in each place in which they occur there shall be substituted “personal allowance, any disabled child premium and any enhanced disability premium”;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) in Schedule 1 (applicable amounts)—
(i) for paragraph 7 there shall be substituted the following paragraph—“
7 

(1) Subject to sub-paragraph (2), the following premiums, namely—
(a) a severe disability premium to which paragraph 15 applies;
(b) an enhanced disability premium to which paragraph 15A applies;
(c) a disabled child premium to which paragraph 16 applies, and
(d) a carer premium to which paragraph 17 applies,
may be applicable in addition to any other premium which may apply under this Part of this Schedule.
(2) An enhanced disability premium in respect of a person shall not be applicable in addition to —
(a) a pensioner premium under paragraph 10 or 11, or
(b) a higher pensioner premium under paragraph 12.”;
(ii) after paragraph 15 (severe disability premium) there shall be inserted the following paragraph—“
Enhanced disability premium
15A 

(1) Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with Regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act in respect of—
(a) the claimant, or
(b) a member of the claimant’s family,
who is aged less than 60.
(2) An enhanced disability premium shall not be applicable in respect of—
(a) a child or young person whose capital, if calculated in accordance with Part VIII in like manner as for the claimant, except as provided in regulation 106(1) (modifications in respect of children and young persons), would exceed £3,000;
(b) a claimant who—
(i) is not a member of a couple or a polygamous marriage, and
(ii) is a patient within the meaning of regulation 85(4) (special cases) and has been for a period of more than six weeks, or
(c) a member of a couple or a polygamous marrige where each member is a patient within the meaning of regulation 85(4) (special cases) and has been for a period of more than six weeks.”;
(iii) after paragraph 20(8) there shall be added to the table the following sub-paragraph—“

(9) Enhanced disability premium where the conditions in paragraph 15A are satisfied. 
(9) 
(a) £5·95 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;
(b) £5·95 in respect of each person who is neither—
(i) a child or young person, nor
(ii) a member of a couple or a polygamous marriage,
in respect of whom the conditions specified in paragraph 15A are satisfied;
(c) £8·60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.”;
(iv) for paragraph 20C there shall be substituted the following paragraph—“
20C 

(1) Subject to sub-paragraph (2), the following premiums, namely—
(a) a severe disability premium to which paragraph 20I applies;
(b) an enhanced disability premium to which paragraph 20IA applies, and
(c) a carer premium to which paragraph 20J applies,
may be applicable in addition to any other premium which may apply under this Part of this Schedule.
(2) An enhanced disability premium in respect of a person shall not be applicable in addition to—
(a) a pensioner premium under paragraph 20E, or
(b) a higher pensioner premium under paragraph 20F.”;
(v) after paragraph 20I there shall be inserted the following paragraph—“
Enhanced disability premium
20IA 

(1) Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act in respect of a member of a joint claim couple who is aged less than 60.
(2) An enhanced disability premium shall not be applicable in respect of a joint-claim couple where each member of that couple or each member of a polygamous marriage of which one member of that couple is a member, is a patient within the meaning of regulation 85(4) (special cases) and has been for a period of more than six weeks.”;
(vi) after paragraph 20M(5), there shall be added to the table the following sub-paragraph—“

(6) Enhanced disability premium where the conditions in paragraph 20IA are satisfied. 
(6) £8·60 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.”.
Sealed with the Official Seal of the Department for Social Development on 20th November 2000.
John O'Neill
Senior Officer of the
Department for Social Development
The Department of Finance and Personnel hereby consents to regulation 3 of the foregoing RegulationsSealed with the Official Seal of the Department of Finance and Personnel on 23rd November 2000.
Brian Delaney
Senior Officer of the
Department of Finance and Personnel
