The Disability Working Allowance (General) Regulations (Northern Ireland) 1992

PART II

21.  Subject to paragraph 24, there is payable to him—

(a) the highest or middle rate of the care component of disability living allowance;

(b) the higher rate of the mobility component of disability living allowance;

(c) an attendance allowance under section 35 of the principal Act(1);

(d) disablement benefit where the extent of the disablement is assessed at not less than 80 per cent. in accordance with section 57 of, and Schedule 8 to, the principal Act(2);

(e) a war pension in respect of which the degree of disablement is certified at not less than 80 per cent.; and for the purposes of this sub-paragraph “war pension” means a war pension in accordance with section 25(4) of the Social Security Act 1989(3);

(f) mobility supplement; or

(g) a benefit corresponding to a benefit mentioned in sub-paragraphs (a) to (f) under any enactment having effect in Great Britain.

22.  Subject to paragraph 24, for one or more of the 56 days immediately preceding the date when the initial claim for disability working allowance was made or treated as made, there was payable to him severe disablement allowance or a corresponding benefit under any enactment having effect in Great Britain.

23.  Subject to paragraph 24, he has an invalid carriage or other vehicle provided under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972(4) or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977(5) or under section 46 of the National Health Service (Scotland) Act 1978(6).

24.  Paragraphs 21 to 23 are subject to the condition that no evidence is before the adjudication officer which gives him reasonable grounds for believing that in respect of an initial claim, none of the paragraphs in Part I or III of this Schedule apply to the claimant and in respect of a repeat claim, none of the paragraphs in Part I apply to the claimant.

(1)

1975 c. 15; section 35 was amended by Article 3 of the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. 5)), paragraph 8 of Schedule 1 to the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)), Article 3 of the Social Security (Northern Ireland) Order 1988 (S.I. 1988/594 (N.I. 2)), paragraph 5 of Schedule 8 to the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)), Article 3(1) and (2) of the Social Security (Northern Ireland) Order 1990 (S.I. 1990/1511 (N.I. 15)) and Article 4(1) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991

(2)

Section 57 was amended by Article 32(2) of the Social Security (Northern Ireland) Order 1982 (S.I. 1982/1084 (N.I. 16)), paragraph 3 of Schedule 3 to the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and paragraph 11 of Schedule 7 to the Social Security (Northern Ireland) Order 1989

(3)

1989 c. 24

(4)

S.I. 1972/1265 (N.I. 14)

(5)

1977 c. 49

(6)

1978 c. 29