The Social Security (Adjudication) (Amendment) Regulations (Northern Ireland) 1992

Explanatory Note

(This note is not part of the Regulations.)

These regulations amend the Social Security (Adjudication) Regulations (Northern Ireland) 1987 (“the principal regulations”) and are consequential upon the coming into operation of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991. They make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 10(2) of, and paragraph 21 of Schedule 3 to, the Social Security Act 1980 (c. 30), are not subject to the requirement of section 10(1) of that Act for prior reference to the Social Security Advisory Committee.

Regulations 3 to 7 amend regulations 2 to 4, 6 and 7 of the principal regulations (which make provision for adjudication procedures common to all social security benefits) by inserting references to disability appeal tribunals.

Regulation 8 amends regulation 20 of the principal regulations (notification of decisions) so that it applies to decisions of an adjudication officer relating to claims for attendance allowance, disability living allowance and disability working allowance.

Regulation 9 inserts a new Section relating to the adjudication of claims for attendance allowance, disability living allowance and disability working allowance into the principal regulations and in particular prescribes—

(a) a period of three months as the period during which a claimant may ask for a review of an adjudication officer’s decision on any ground (regulation 26A); and

(b) the cases in which a claimant may appeal to a disability appeal tribunal (regulation 26C).

Regulations 10 and 11 revoke regulation 29(1)(c) (determination of medical questions) and Section E of Part III (The Attendance Allowance Board) and Section B of Part IV (mobility allowance) of the principal regulations.

Regulation 12 amends regulation 64A of the principal regulations so as to enable a decision on a review relating to disability living allowance, disability working allowance and attendance allowance to take effect, in certain circumstances, from the date from which the authority giving the decision being reviewed could have awarded benefit.

Regulation 13 amends regulation 65 of the principal regulations so as to remove the reference to mobility allowance and make provision for the date on which a review of a decision relating to attendance allowance or disability living allowance shall take effect and regulation 14 inserts a new regulation 70B into the principal regulations which makes provision for the date on which a review of disability working allowance shall take effect.

Regulation 15 amends Schedule 2 to the principal regulations so as to provide time limits for the making of appeals and applications for leave to appeal against decisions relating to attendance allowance, disability living allowance and disability working allowance.

Regulation 16 enables certain provisions in the principal regulations relating to mobility allowance which are revoked by these regulations to continue to apply for a specified period.

Regulation 17 makes consequential revocations.