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Statutory Rules of Northern Ireland

1991 No. 501 (C. 24)

SOCIAL SECURITY

The Disability Living Allowance and Disability Working Allowance (1991 Order) (Commencement No. 2) Order (Northern Ireland) 1991

Made

25th November 1991

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991(1) and paragraph 2(1) of Schedule 1 to the Northern Ireland Act 1974(2) and of all other powers enabling it in that behalf, hereby makes the following order:

Citation and interpretation

1.  —

(1) This order may be cited as the Disability Living Allowance and Disability Working Allowance (1991 Order) (Commencement No. 2) Order (Northern Ireland) 1991.

(2) In this order, “the Order” means the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991, and any reference to a numbered Article or Schedule is to the Article of or, as the case may be, the Schedule to, the Order bearing that number.

Appointed days

2.  The day appointed for the coming into operation of—

(a)Article 7 (regulation relating to the substitution of disability living allowance for attendance allowance and mobility allowance) and Article 13 (supplementary provisions), is 26th November 1991;

(b)the provision of the Order specified in the Schedule for the purposes only of authorising the making under the Social Security (Northern Ireland) Act 1975(3), the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977(4) or the Social Security (Northern Ireland) Order 1986(5), as amended by those provisions of the Order, of regulations which are expressed to come into operation on or after 3rd February 1992, is 26th November 1991:

(c)Articles 3 and 4(1) and Schedules 1 and 2 and Article 6 in so far as it relates to those Schedules, for the purposes only of—

(i)the making of claims for, and the determination of claims and questions relating to, disability living allowance, and

(ii)the making by persons who will have attained the age of 65 on 6th April 1992 of claims for, and the determination of claims and questions relating to, attendance allowance,

is 3rd February 1992;

(d)paragraphs 10 to 12, 14 to 16 and 20 of Schedule 1, paragraphs 5, 6, 9 and 13 of Schedule 2 (all of which relate either to disability appeal tribunals or the Disability Living Allowance Advisory Board for Northern Ireland) and Article 6 in so far as it relates to them, is 3rd February 1992;

(e)Articles 8, 9 and 11 and Schedule 3, for the purposes only of making claims for, and the determination of claims and questions relating to, disability working allowance, is 10th March 1992;

(f)Articles 4(2) and (3) and 12, and schedule 4 is 6th April 1992; and

(g)Articles 3, 4(1), 6 and 8 to 11 and Schedules 1, 2 and 3 in so far as they are not already in operation, is 6th April 1992.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

A. N. Burns

Assistant Secretary

25th November 1991.

Article 2(b)

SCHEDULEProvisions coming into operation on 26th November 1991 for the purposes only of making regulations

Provisions of the OrderSubject matter
Article 3Introduction of disability living allowance
Article 4(1)Attendance allowance
Article 8Introduction of disability working allowance
Article 9(1)Supplementary provisions relating to disability working allowance
Article 10Effect on entitlement to family credit of entitlement to disability working allowance
Schedule 1, and Article 6(1) in so far as it relates to itManagement of disability living allowance and attendance allowance
Schedule 2, paragraph 7 and Article 6(2) in so far as it relates to itEligibility for invalid carriages
Schedule 3, and Article 9(2) in so far as it relates to itDisability working allowance amendments

Explanatory Note

(This note is not part of the Order.)

This order brings into operation all remaining provisions of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 on the following dates:—

(a)26th November 1991 for the powers enabling regulations to be made;

(b)3rd February 1992 for the purposes of making claims for, and the determination of claims and questions to, disability living allowance, and attendance allowance where the person has attained the age of 65;

(c)10th March 1992 for the purposes of making claims for, and the determination of claims and questions relating to, disability working allowance;

(d)6th April for all remaining purposes.

Note as to Earlier Commencement Orders

(This note is not part of the Order.)

The following provision of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 was brought into operation by the Disability Living Allowance and Disability Working Allowance (1991 Order) (Commencement No. 1) Order (Northern Ireland) 1991 (S.R. 1991 No. 429 (C. 21)) as from the dates shown.

ProvisionDate of Commencement
Article 5 (partially)17th September 1991
Article 5 (partially)21st October 1991