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


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2.—(1) In section 35(2B)(b) (which relates to attendance allowance for the terminally ill) for “specified in a certificate issued by virtue of paragraph (a) above” substitute “for which he is entitled to attendance allowance”.

(2) For subsection (3) (weekly rate of attendance allowance) of that section substitute the following subsection—

(3) The weekly rate of the attendance allowance payable to a person for any period shall be the higher rate specified in relation thereto in Schedule 4, Part III, paragraph 1, if both as regards that period and as regards the period of 6 months mentioned in subsection (2)(b) above he has satisfied or is likely to satisfy both the conditions mentioned in subsection (1)(a) above and subsection (1)(b) above, and shall be the lower rate in any other case..

(3) Insert the words “or is treated as making” after “makes” in subsections (4) and (4A) (which relate to attendance allowance for any period preceding the date of the claim for it).

3.  In section 37(2) (invalid care allowance) after “attendance allowance” insert “or a disability living allowance by virtue of entitlement to the care component at the highest or middle rate”.

4.  In section 154D(4) (restrictions on entitlement to benefit in certain cases of error), in the definition of “adjudicating authority”—

(a)in paragraph (a), after “a social security appeal tribunal” insert “, a disability appeal tribunal”; and

(b)in paragraph (b), after “the Supplementary Benefits Commission for Northern Ireland,” insert “the Attendance Allowance Board,”.

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