The Social Security (Disability Living Allowance, Attendance Allowance and Carer’s Allowance) (Amendment) Regulations (Northern Ireland) 2016
These Regulations amend the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976, the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (“the Attendance Allowance Regulations”) and the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (“the Disability Living Allowance Regulations”) to:amend the past presence test so that a period of residence of 104 weeks out of the past 156 weeks is required in Northern Ireland before entitlement can be established to one of the benefits mentioned above;replace the ordinarily resident test with a habitual residence test;provide that serving members of Her Majesty’s Forces (and members of their families) are treated as habitually resident in Northern Ireland whilst stationed and serving abroad; andintroduce a genuine and sufficient link provision for those arriving in Northern Ireland from another EEA state or Switzerland, or moving abroad to one of those states, as a result of a judgment of the European Court of Justice.