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

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Explanatory Note

(This note is not part of the Regulations.)

These regulations come into operation on 3rd February 1992 and are consequential upon the coming into operation of Article 7 of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 (“the 1991 Order”) which enables the Department to make regulations on matters in relation to the substitution of disability living allowance for attendance allowance and mobility allowance and the dissolution of the Attendance Allowance Board.

Part I of the regulations relates to their citation, commencement and interpretation (regulation 1).

Part II relates to the replacement of attendance allowance by disability living allowance. It provides for the termination or cancellation of awards of attendance allowance current at 6th April 1992 (regulation 2); provides for their replacement by an award of the care component of disability living allowance (regulation 3); relates to the adjudication of claims for, and applications for reviews of decisions relating to, attendance allowance in the period before 6th April 1992 (regulation 4); enables an adjudication officer, where a claim for attendance allowance has been disallowed, to award, in certain circumstances, the lowest of the three weekly rates of the care component of disability living allowance (regulation 5); and provides that a person who is aged 65 or over, but has not attained the age of 66, and who has an award of attendance allowance may, where they are also awarded the mobility component of disability living allowance, have their award of attendance allowance terminated and replaced with an award of the care component of disability living allowance (regulation 6).

Part III relates to the replacement of mobility allowance by disability living allowance. It provides for the termination or cancellation of awards of mobility allowance current at 6th April 1992 (regulation 7); provides for their replacement by an award of the mobility component of disability living allowance (regulation 8); relates to the adjudication of claims for, and applications for reviews of decisions relating to, mobility allowance in the period after 5th April 1992 (regulation 9); and enables an adjudication officer, where a claim for mobility allowance has been disallowed, to award, in certain circumstances, the lower of the two weekly rates of the mobility component of disability living allowance and enables an award of the higher of those two rates to be made in specified circumstances (regulation 10).

Part IV contains provisions common to both Parts II and III. It enables two separate awards of disability living allowance to co-exist (regulation 11); enables awards of disability living allowance to be backdated where the person delayed submitting a claim while the decision on a claim for attendance allowance or mobility allowance was awaited (regulation 12); provides for the conversion of two awards of disability living allowance into a single award as from 5th April 1993 (regulation 13); and contains provisions relating to the review of awards of disability living allowance treated under these regulations as having been made (regulation 14).

Part V relates to claims, payments and adjudication. It contains a definition of the expression “second tier adjudication” which is used only in this Part of the regulations (regulation 15); makes provision so that claims for a single component of disability living allowance may be made (regulation 16); provides that an adjudicating authority may treat a claim for a single component of disability living allowance as a claim also for attendance allowance or, as the case may be, mobility allowance and may award the benefit in question for a period ending not later than 5th April 1992 (regulation 17); provides for claims for disability living allowance, attendance allowance or mobility allowance to be treated as not having been made (regulations 18 to 20); provides for the determination of claims for, or applications for reviews of decisions relating to, attendance allowance and mobility allowance in the changeover period (regulations 21 to 25); provides for the payment of disability living allowance where the person previously had an award of attendance allowance or mobility allowance (regulation 26); and relates specifically to beneficiaries who are unable to act (regulation 27).

The regulations 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.

Section 37ZD of the Social Security (Northern Ireland) Act 1975, as inserted by Article 3(2) of the 1991 Order, and Articles 7 and 13 of the 1991 Order are some of the enabling provisions under which these regulations are made. They were brought into operation, for the purpose only of authorising the making of regulations on 19th November 1991, for the making of claims for, and the determination of claims and questions relating to, disability living allowance, on 3rd February 1992 and for all other purposes on 6th April 1992, by virtue of Article 2 of the Disability Living Allowance and Disability Working Allowance (1991 Order) (Commencement No. 2) Order (Northern Ireland) 1991 (S. R. 1991 No. 501 (C. 24)).

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