Social Welfare and Pensions Act 2008
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Domiciliary care allowance — commencement and transitional. |
17.— (1) In this section— | |
“ Chapter 8A ” means Chapter 8A (inserted by section 15 of this Act) of Part 3 of the Principal Act; | ||
“ Health Act allowance ” means an allowance for the domiciliary care of children under section 61 of the Health Act 1970 . | ||
(2) Notwithstanding anything to the contrary in Chapter 8A but subject to subsection (3), where immediately before the commencement of this section, a person is in receipt of Health Act allowance, a domiciliary care allowance is payable to that person under Chapter 8A on and from that commencement at a rate not less than the rate of Health Act allowance payable to that person immediately before that commencement. | ||
(3) Subsection (2) ceases to apply upon the occurrence, on or after the date of commencement of this section, of a change in the circumstances of that person or of the child in respect of whom the allowance is payable such as to affect the person’s entitlement under Chapter 8A. | ||
(4) Any determination by an employee of the Executive in relation to the award to a person of Health Act allowance made before the commencement of this section has effect, on and from that commencement, as a decision by a deciding officer to award domiciliary care allowance to that person under Chapter 8A. | ||
(5) Where, immediately before the commencement of this subsection, an application made by a person for Health Act allowance has not been finally determined, that application shall be deemed to be an application for domiciliary care allowance under Chapter 8A. |