Social Security Citation and commencement 1 These Regulations may be cited as the Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 and shall come into operation on 31st October 2011. Amendment of the Social Security Contributions and Benefits (Northern Ireland) Act 2 1 The Social Security Contributions and Benefits (Northern Ireland) Act 1992 is amended in accordance with paragraphs (2) to (5). 2 In section 65 (attendance allowance: period and rate of allowance), after subsection (6) add— 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. . 3 In section 70 (carer’s allowance), after subsection (4) insert— 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. . 4 In section 72 (disability living allowance: the care component), after subsection (7A) insert— 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. . 5 In section 121(1) (interpretation of Parts I to VI), after the definition of “qualifying young person” insert— “Regulation (EC) No 1408/71 ” means Council Regulation (EC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community; “Regulation (EC) No 883/2004 ” means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems; . Amendment of the Social Security (Claims and Payments) Regulations 3 In regulation 6 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (date of claim), after paragraph (34) add— 35 A claim for attendance allowance or the care component of disability living allowance which is in respect of a period beginning on or before 18th October 2007 but which is made after that date, is to be treated as made on 18th October 2007 where— a on or after 8th March 2001, the claimant had an award of that benefit; b the Department made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant’s moving, or planning to move, from Northern Ireland to an EEA State or Switzerland; c that superseding decision was confirmed on appeal; and d the claimant has not received an extra-statutory payment in respect of the benefit being claimed. 36 A claim for carer’s allowance which is in respect of a period beginning on or before 18th October 2007 but which is made after that date, is to be treated as made on 18th October 2007 where— a on or after 8th March 2001, the claimant had an award of that benefit; b the Department made a superseding decision to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of— i the claimant’s moving from Northern Ireland to an EEA State or Switzerland, or ii the claimant no longer caring for a severely disabled person, as defined in section 70(2) of the Contributions and Benefits Act, because that person’s award of attendance allowance or the care component of disability living allowance had ended, or would end, by virtue of a superseding decision made on the ground of that person’s moving from Northern Ireland to an EEA State or Switzerland; and c the claimant has not received an extra-statutory payment in respect of that allowance. 37 In paragraphs (35) and (36)— “EEA State”, in relation to any time, means— a state which at that time is a member State; or any other state which at that time is a party to the EEA Agreement, and in this definition “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, as modified or supplemented from time to time; “extra-statutory payment” means a payment made by the Department, in respect of attendance allowance, the care component of disability living allowance or carer’s allowance which, but for the superseding decision referred to in paragraph (35)(b) or, as the case may be, (36)(b), would have been payable from 18th October 2007. . Amendment of the Social Security (Disability Living Allowance) Regulations 4 In regulation 3 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (persons aged 65 and over), after paragraph (3) insert— 3A A person not be precluded from entitlement to the care component by reason only that he has attained the age of 65 years if the claim is treated as made on 18th October 2007 in accordance with regulation 6(35) of the Claims and Payments Regulations (date of claim). . Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 5 In regulation 7 of the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 (date from which a decision superseded under Article 11 takes effect)— a in paragraph (9) at the beginning insert “Except where paragraph (9A) applies,”; b after paragraph (9) insert— 9A Where— a on or after 8th March 2001, the claimant had an award of attendance allowance, carer’s allowance or the care component of disability living allowance; b the Department made a superseding decision in accordance with regulation 6(2)(a) to end that award on the ground that there had been, or it was anticipated that there would be, a relevant change of circumstances as a result of the claimant’s moving, or planning to move, from Northern Ireland to an EEA State or Switzerland; and c the Department supersedes that decision in accordance with regulation 6(2)(b)(i) on the ground that it was erroneous in point of law, the superseding decision referred to in sub-paragraph (c) shall take effect from 18th October 2007. 9B In paragraph (9A)— “EEA State”, in relation to any time, means— a state which at that time is a member State; or any other state which at that time is a party to the EEA Agreement, and in this definition “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, as modified or supplemented from time to time.. . Sealed with the Official Seal of the Department for Social Development on 10th October 2011 (L.S.) Anne McCleary A senior officer of the Department for Social Development