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The Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991


This is the original version (as it was originally made).

Disability working allowance–supplementary

9.—(1) After Article 28A of the 1986 Order there shall be inserted the following—

Disability working allowance

Supplementary provisions about disability working allowance

28B.(1) In this Article—

“initial claim” means a claim for a disability working allowance made by a person—


to whom it has not previously been payable; or


to whom it has not been payable during the period of 2 years immediately preceding the date on which the claim is made or is treated as made; and

“repeat claim” means any other claim for a disability working allowance.

(2) On an initial claim a declaration by the claimant that he has a physical or mental disability which puts him at a disadvantage in getting a job is conclusive, except in such circumstances as may be prescribed, that for the purposes of Article 21(6A)(b) he has such a disability in accordance with regulations under Article 21(6C).

(3) If—

(a)a repeat claim is made or treated as made not later than the end of the period of 8 weeks commencing with the last day of the claimant’s previous award; and

(b)on the claim which resulted in that award he qualified under Article 21(6B) by virtue—

(i)of sub–paragraph (a) of that paragraph; or

(ii)of there being payable to him a benefit under a statutory provision having effect in Great Britain and corresponding to a benefit mentioned in that sub–paragraph,

all be treated on the repeat claim as if he still so qualified.

(4) Regulations may provide that an award of a disability working allowance to a person shall terminate if—

(a)a disability working allowance becomes payable in respect of some other person who was a member of his family at the date of his claim for a disability working allowance; or

(b)income support or family credit becomes payable in respect of a person who was a member of the family at that date..

(2) Schedule 3 which makes further amendments shall have effect.

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