Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources