DEPARTMENT FOR SOCIAL DEVELOPMENT

THE SOCIAL SECURITY (DISABILITY LIVING ALLOWANCE, ATTENDANCE ALLOWANCE AND CARER’S ALLOWANCE) (MISCELLANEOUS AMENDMENTS) REGULATIONS (NORTHERN IRELAND) 2011

The Department for Social Development has made a Statutory Rule entitled “The Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 2011” (S.R. 2011 No. 356), which comes into operation on 31 October 2011.

The Rule amends various sets of regulations as a result of a judgment in the European Court of Justice (ECJ) in October 2007 in case C-299/05. This judgment determined that attendance allowance, carer’s allowance and the care component of disability living allowance are sickness benefits and therefore payable when a person moves from Northern Ireland to elsewhere in the European Economic Area (EEA) or to Switzerland. The Rule ensures that persons whose claims for the benefits were stopped when they moved abroad are able to reclaim benefit from the date of the ECJ judgment.

Copies of the Rule may be purchased from the Stationery Office at www.tsoshop.co.uk or by contacting TSO Customer Services on 0870 600 5522 or viewed online at http://www.legislation.gov.uk/nisr