The Social Security (Attendance Allowance and Disability Living Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 1997

Amendment of the Social Security (Disability Living Allowance) Regulations

3.  After regulation 5 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (late claim by a person previously entitled to benefit)(1) there shall be inserted the following regulations—

“Medical examination in prescribed circumstances

5A.— (1) The prescribed circumstances in which a person who is awarded disability living allowance shall be required to attend for, or submit to, a medical examination, are where the Department is undertaking an investigation under section 28(7A) of the Administration Act (reviews of decisions of adjudication officers).

(2) An examination under paragraph (1) shall be conducted by a medical practitioner who is—

(a) approved by the Department; or

(b) engaged by an organisation approved by the Department.

Withholding of benefit in prescribed circumstances

5B.— (1) Subject to paragraph (2), where a person who is receiving disability living allowance is required by the Department to attend for, or submit to, a medical examination under regulation 5A and fails to comply with that requirement on more than one occasion, that allowance may be withheld, in whole or in part, from a date, not earlier than the second such occasion, as the Department shall determine.

(2) Paragraph (1) shall not apply where—

(a) a person who is required to attend for, or submit to, a medical examination proves to the satisfaction of the Department that he has good cause for failing to comply with that requirement;

(b) a person who is required to attend for, or submit to, a medical examination produces such evidence as is acceptable to the Department in place of a medical examination; or

(c) the Department otherwise has available to it such evidence as is acceptable to it.

(3) For the purposes of paragraph (2)(a), the matters which are to be taken into account in determining whether a person has good cause shall include—

(a) whether he was outside Northern Ireland at the relevant time;

(b) his state of health at the relevant time; and

(c) the nature of any disability from which he suffers.

Payment of withheld benefit

5C.— (1) Where the Department is satisfied that no question arises in connection with its investigation referred to in regulation 5A(1), payment of the amount withheld and the disability living allowance shall be made forthwith.

(2) Where a question arose in connection with an investigation referred to in regulation 5A(1) in respect of which—

(a) the Department made an application for the review of a person’s entitlement to disability living allowance under section 28 of the Administration Act; and

(b) an adjudication officer has made a determination,

payment of the disability living allowance shall be made in accordance with the adjudication officer’s determination, on review, of the person’s entitlement.

(3) Where paragraph (1) or (2) does not apply and disability living allowance is withheld under regulation 5B for a period of more than 3 months, the Department shall—

(a) make, with a view to review, an application to the adjudication officer on the ground that the person failed to attend for, or submit to, medical examination; and

(b) make such payments as are determined, on review, by the adjudication officer.”.

(1)

S.R. 1992 No. 32, to which there are amendments not relevant to these regulations