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

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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.

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