Social Security (Terminal Illness) Act (Northern Ireland) 2022
| Year | 2022 |
Social Security (Terminal Illness) Act (Northern Ireland) 2022
2022 Chapter 7
An Act to provide that special social security rules which apply where life expectancy is 6 months or less are instead to apply where life expectancy is 12 months or less.
[30 March 2022]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
1 Special rules to apply where death expected within 12 months
(1) In the provisions listed in subsection (2) (provisions related to special rules which apply where death can reasonably be expected within 6 months), for “6” substitute “12”.
(2) The provisions are—
(a)
(a) section 66(2)(a) of the 1992 Act (attendance allowance and, by virtue of sections 72(5) and 73(12), also disability living allowance),
(b)
(b) Article 87(4) of the Welfare Reform (Northern Ireland) Order 2015 (personal independence payment),
(c)
(c) the definition of “terminally ill” in each of the following—
(i) regulation 2(1) of the Employment and Support Allowance Regulations (Northern Ireland) 2008,
(ii) regulation 2(1) of the Universal Credit Regulations (Northern Ireland) 2016,
(iii) regulation 2 of the Employment and Support Allowance Regulations (Northern Ireland) 2016, and
(iv) regulation 2(1) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations (Northern Ireland) 2016, and
(d)
(d) the second sentence of section 30B(4) of the 1992 Act (incapacity benefit etc).
(3) For each of sections 72(2)(b)(ii) and 73(9)(b)(ii) of the 1992 Act (care and mobility components of disability living allowance: person expected to die within 6 months must be likely to satisfy an entitlement condition until death) substitute—
“(ii)
“(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.”.
(4) In consequence of subsection (3), the 1992 Act is amended as follows—
(a)
(a) in each of sections 72(4)(a) and 73(11)(a), for “that mentioned in paragraph (b)” substitute“(as the case may be) the period mentioned in paragraph (b)(i), or a period mentioned in paragraph (b)(ii),”,
(b)
(b) in section 72(4)(b), for “those periods” substitute“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”,
(c...
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