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

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Claims for a single component of disability living allowance

16.—(1) Where a person—

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

(b)in accordance with the above regulations is treated as from 6th April 1992 as having one award of disability living allowance at the weekly rate applicable in his case to either the care component or the mobility component,

he may submit a claim for a disability living allowance relating solely to that component to which he has no entitlement.

(2) Any such claim made after 4th April 1993 shall be treated as an appplication for a review under section 100A(1), if made within the period prescribed under that provision, or if not, under section 100A(2), of any award of disability living allowance in force at the time the claim is made.

(3) Subject to paragraph (4), an award of disability living allowance consisting of one component may be made by virtue of this regulation in addition to any award of disability living allowance consisting only of the other component which is treated as having been made to the claimant in accordance with the preceding provisions of these regulations.

(4) An award shall not be made in accordance with paragraph (3) where the period of the award would commence after 4th April 1993.

(5) Where a claim, submitted in accordance with paragraph (1), is received in an office of the Department before 5th April 1993, any award on that claim may, notwithstanding anything in section 37ZE(1)(1), commence on a date not earlier than 6th April 1992.

(1)

Section 37ZE was inserted by Article 3(2) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991

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