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

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Part IVProvisions Common to Parts II and III

Separate awards of attendance allowance and mobility allowance

11.—(1) Where—

(a)a person has an award of attendance allowance terminated or cancelled in accordance with Part II of these regulations and an award of mobility allowance terminated or cancelled in accordance with regulation 7; and

(b)awards of disability living allowance are treated as made in accordance with Parts II and III of these Regulations,

those awards shall be separate awards.

(2) Where a person—

(a)has an award of attendance allowance or mobility allowance, but not both, for a period commencing before 6th April 1992;

(b)in accordance with Parts II and III of these regulations is treated, as from 6th April 1992, as having one award of disability living allowance consisting of either the care component or the mobility component;

(c)claims, or is treated as claiming, disability living allowance but only in respect of the component which is not the subject of the award mentioned in sub-paragraph (b); and

(d)is awarded disability living allowance for that component on that claim for a period commencing on or after 6th April 1992, but before 5th April 1993,

the award so made shall be in addition to the award of disability living allowance treated as arising under Parts II and III of these regulations.

Backdating of awards of disability living allowance

12.—(1) This regulation applies where—

(a)a person claims or is treated as claiming attendance allowance or mobility allowance before 6th April 1992; and

(b)the decision on the claim—

(i)is given after 2nd February 1992, and

(ii)was that the person was not entitled to either of those benefits.

(2) Where such a person submits a claim for disability living allowance within 3 months of the date on which the decision on the claim referred to in paragraph (1) was notified to him, any award of disability living allowance arising from the later claim may, notwithstanding section 37ZE(1), be for a period commencing on such earlier date (but not before 6th April 1992) as the adjudicating authority determining the claim decides that the person satisfied the appropriate conditions of entitlement thereto.

(3) Notwithstanding section 37ZD(1), a person who has attained the age of 65, but not the age of 66, on 6th April 1992, shall be entitled to disability living allowance where, in addition to satisfying the appropriate conditions of entitlement to that allowance, he made a claim for it within 3 months of the date on which he was notified of the decision on the claim for attendance allowance or mobility allowance.

(4) Any award made by virtue of paragraph (3) shall, notwithstanding section 37ZE(1), be for a period commencing on—

(a)6th April 1992; or, if later,

(b)the date on which he first satisfies the appropriate conditions of entitlement to disability living allowance (other than the need to make a claim for it).

(5) In this regulation, in the expression “decision on the claim”—

(a)“claim” is the claim referred to in paragraph (1)(a); and

(b)“decision” is the first decision given on that claim by an adjudicating authority after 2nd February 1992.

(6) This regulation applies to an application made under section 104(2) or 106(1) for a review of a determination as it applies to a claim for benefit but as if the application were the claim and the decision were the decision given on that application.

Treatment of two awards of disability living allowance

13.—(1) Where a person has two awards of disability living allowance both of which are for periods which commence before 5th April 1993 and expire after 4th April 1993, then those awards shall both terminate immediately before 5th April 1993.

(2) A person whose awards of disability living allowance have been terminated in accordance with paragraph (1) shall be treated, as from 5th April 1993, as having been granted one award of disability living allowance—

(a)where both the awards were for life, consisting of both components for life, payable at a weekly rate which is the aggregate of the appropriate weekly rate for each of those components;

(b)where one of the awards was for life and the other was for a fixed period, consisting of one component for life, corresponding to the component which was for life under the terminated award, and the other component for a fixed period ending on the day on which the award for the fixed period would have ended but for its termination under paragraph (1), and payable at a weekly rate which is the aggregate of the appropriate weekly rate for each of the components from 5th April 1993 until the day on which the period of the fixed award ends, and thereafter at a weekly rate which is the appropriate weekly rate for the component awarded for life;

(c)where both awards were for fixed periods ending on different days, consisting of both components for a period ending on the earlier of those days, payable at a weekly rate which is the aggregate of the appropriate weekly rate for each of those components;

(d)where both awards were for fixed periods ending on the same day, consisting of both components for a period ending on that day, payable at a weekly rate which is the aggregate of the appropriate weekly rate for each of those components.

(3) In this regulation, the “appropriate weekly rate” in relation to either component of disability living allowance is the rate which corresponds to the rate payable for that component under any award terminated in accordance with paragraph (1).

(4) An award of disability living allowance granted in accordance with this regulation shall continue for the period of the award only for as long as the person to whom the award is treated as having been granted continues to satisfy—

(a)the conditions as to residence and presence in Northern Ireland prescribed under section 37ZA(6); and

(b)any other conditions of entitlement appropriate to that award specified in sections 37ZA to 37ZE.

Reviews

14.—(1) Where a person is treated as having been awarded disability living allowance in accordance with regulations 2 to 13 sections 100A(1), (2) and (4) and 104A(1)(1) (reviews of decisions by adjudication officers and on appeal) shall have effect in his case as if the decision there mentioned were the decision which was referable to the award of disability living allowance.

(2) For the purposes of this regulation, a decision is referable to an award of disability living allowance if—

(a)it was a decision awarding attendance allowance or mobility allowance to a person referred to in paragraph (1) and the decision was terminated or cancelled in accordance with Part II or Part III of these regulations and replaced by the person’s current award of disability living allowance, or was so terminated or cancelled and replaced by an award of disability living allowance which was itself terminated in accordance with regulation 13(1) and replaced by the person’s current award of disability living allowance; or

(b)it was a decision awarding disability living allowance to a person referred to in paragraph (1) which was terminated in accordance with regulation 13(1) and replaced by the person’s current award of disability living allowance.

(3) A decision is also referable to an award of disability living allowance where it was—

(a)a decision of the Board on a matter reserved for the Board’s determination under section 105(3) and the decision to award attendance allowance mentioned in paragraph (2)(a) was dependant upon the Board’s decision; or

(b)a decision of a medical board or a medical appeal tribunal on a medical question and the decision awarding mobility allowance mentioned in paragraph (2)(a) was dependant upon the medical board’s or, as the case may be, the medical appeal tribunal’s decision.

(4) In paragraph (3) “medical board” means 2 or more adjudicating medical practitioners appointed by the Department to act jointly in consideration of the medical question, and “medical question” has the meaning it bore in regulation 53 of the Adjudication Regulations on 3rd February 1992.

(1)

Sections 100A and 104A were inserted by paragraphs 5 and 9 respectively of Schedule i to the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991

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