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

Claims for the mobility component treated as having been made

10.—(1) Paragraph (2) applies where—

(a) a person who—

(i) does not have an award of mobility allowance, or

(ii) does have an award of mobility allowance, but that award is due to expire before 6th April 1992,

makes a claim for mobility allowance or an application in writing is made in accordance with section 104(2) for a decision on a claim for mobility allowance relating to him to be reviewed, or a question has been referred to a medical board or a case to a medical appeal tribunal in accordance with Section B of Part IV of the Adjudication Regulations;

(b) the claim, application or reference is made after 2nd February 1992, or is made before 3rd February 1992 but has not been determined by that date; and

(c) at the time the claim, application or reference is determined, the person to whom it relates has not made a claim for disability living allowance.

(2) Where an adjudication officer is determining a claim or application such as is mentioned in paragraph (1) and is satisfied that—

(a) the person does not satisfy the conditions of entitlement to mobility allowance; but

(b) solely on the evidence before him, and apart from the requirement that the person makes a claim for disability living allowance in the manner and within the time prescribed, the person would, as from 6th April 1992 or from such later date as the adjudication officer may in any particular case determine, satisfy those conditions of entitlement to the mobility component which qualify him for—

(i) the lower, but not the higher rate of the mobility component, or

(ii) the higher rate of that component but only by virtue of being a person who falls within section 37ZC(3) (severe mental impairment and severe behavioural problems),

a claim for the mobility component only shall be treated as having been made on 3rd February 1992, and an adjudication officer shall determine it.

(3) Where a claim, application or reference is being determined by a medical board or a medical appeal tribunal and they are satisfied that—

(a) the question before them be determined against the person claiming mobility allowance; but

(b) solely on the evidence before them, the person may, as from 6th April 1992, or from such later date as they may in any particular case determine, satisfy the conditions of entitlement to the mobility component specified in section 37ZC(1)(c) or (d),

they shall refer the case to an adjudication officer.

(4) Where a case is referred to an adjudication officer in accordance with paragraph (3), a claim for the mobility component shall be treated as having been made on 3rd February 1992, and the adjudication officer shall determine that claim.