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The Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992

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Entitlement to the mobility component

12.—(1) A person is to be taken to satisfy the conditions mentioned in section 37ZC(1)(a) (unable or virtually unable to walk) only in the following circumstances—

(a)his physical condition as a whole is such that, without having regard to circumstances peculiar to that person as to place of residence or as to place of, or nature of, employment—

(i)he is unable to walk,

(ii)his ability to walk out of doors is so limited, as regards the distance over which or the speed at which or the length of time for which or the manner in which he can make progress on foot without severe discomfort, that he is virtually unable to walk, or

(iii)the exertion required to walk would constitute a danger to his life or would be likely to lead to a serious deterioration in his health; or

(b)he has had both legs amputated at levels which are either through or above the ankle, or he has one leg so amputated and is without the other leg, or is without both legs, to the same extent as if it, or they, had been so amputated.

(2) For the purposes of section 37ZC(2)(a) (mobility component for persons who are both blind and deaf) a person is to be taken to satsify the condition that he is—

(a)blind, only where the degree of disablement resulting from loss of vision amounts to 100 per cent.; and

(b)deaf, only where the degree of disablement resulting from loss of hearing amounts to not less than 80 per cent. on a scale where 100 per cent. represents absolute deafness.

(3) For the purposes of section 37ZC(2)(b), the conditions are that by reason of the combined effects of a person’s blindness and deafness, he is unable, without the assistance of another person, to walk to any intended or required destination while out of doors.

(4) Except in a case to which paragraph (1)(b) applies, a person is to be taken not to satisfy the conditions mentioned in section 37ZC(1)(a) if he—

(a)is not unable or virtually unable to walk with a prosthesis or an artificial aid which he habitually wears or uses; or

(b)would not be unable or virtually unable to walk if he habitually wore or used a prosthesis or an artificial aid which is suitable in his case.

(5) A person falls within section 37ZC(3)(a) (severely mentally impaired) if he suffers from a state of arrested development or incomplete physical development of the brain, which results in severe impairment of intelligence and social functioning.

(6) A person falls within section 37ZC(3)(b) (severe behavioural problems) if he exhibits disruptive behaviour which—

(a)is extreme;

(b)regularly requires another person to intervene and physically restrain him in order to prevent him causing physical injury to himself or another, or damage to property; and

(c)is so unpredictable that he requires another person to be present and watching over him whenever he is awake.

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