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

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Renal dialysis

7.—(1) A person who suffers from renal failure and falls within the provisions of paragraph (2) shall be taken to satisfy the conditions—

(a)in paragraph (b) of section 37ZB(1) (severe physical or mental disability) where he undergoes renal dialysis by day;

(b)in paragraph (c) of section 37ZB(1) where he undergoes renal dialysis by night;

(c)in either paragraph (b) or paragraph (c) of section 37ZB(1), but not both, where he undergoes renal dialysis by day and by night.

(2) Subject to paragraph (3), a person falls within the provisions of this paragraph—

(a)if—

(i)he undergoes renal dialysis 2 or more times a week, and

(ii)the renal dialysis which he undergoes is of a type which normally requires the attendance or supervision of another person during the period of the dialysis, or

(iii)because of the particular circumstances of his case, he in fact requires another person during the period of dialysis to attend in connection with his bodily functions, or to supervise him during the period of the dialysis, in order that he avoids substantial danger to himself; and

(b)if, where he undergoes renal dialysis as an out-patient in a hospital or similar institution, being treatment provided under the Order, no member of the staff of that hospital or institution assists with or supervises that dialysis.

(3) Paragraph (2)(b) does not apply for the purpose of determining whether a person is to be taken to satisfy any of the conditions mentioned in paragraph (1) during the period of 3 months referred to in section 37ZB(2)(a)(i).

(4) Except to the extent that provision is made in paragraph (2)(b), a person who undergoes treatment by way of renal dialysis as an out-patient in a hospital or similar institution, being treatment provided under the Order, shall not be taken solely by reason of the fact that he undergoes such dialysis as satisfying any of the conditions mentioned in section 37ZB(1)(a) to (c).

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