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

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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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