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

Determination of claims for, or of applications for review of decisions relating to, attendance allowance

22.—(1) The Board shall not consider any question reserved for their determination under section 105(3) where the claim for, or application for a review of a decision relating to, attendance allowance was made after 15th March 1992, whether or not the person to whom the question refers has attained the age of 65.

(2) In a case to which paragraph (1) applies, an adjudication officer shall determine the claim, or application for review, in accordance with the system of adjudication for attendance allowance introduced by the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991.

(3) Any question referred for determination by the Board, under section 105(3) or 106(1) which has not been determined by 5th April 1992, shall be determined as soon as is reasonably practicable thereafter in accordance with paragraph (4).

(4) For the purposes of paragraph (3), the question shall be determined—

(a) except in a case to which sub-paragraph (b) applies, by an adjudication officer; or

(b) where the application for a review of a decision of the Board is made within 3 months of that decision being given, as a second tier adjudication.

(5) For the purposes of this regulation, any application for a review of a decision which required the leave of the Board shall itself be treated as an application for review.

(6) In determining any question in accordance with paragraph (4) any correspondence issuing from the Board indicating the matters which, in the Board’s opinion arise on a question before them, together with the submissions (if any) made by or on behalf of the claimant in response to that correspondence, may be taken into account by an adjudication officer as evidence relating to the question to be determined.

(7) Where, before 6th April 1992, the Board has issued a certificate in accordance with section 35(2)(1) but an adjudication officer has not determined the claim or, as the case may be, the application for review to which the certificate relates, then in determining that claim or application for review an adjudication officer shall treat the certificate—

(a) if it specifies both the conditions mentioned in section 35(1)(a) and (b)(2), as evidence that the person satisfies or is likely to satisfy both the conditions mentioned in subsection (1)(a) and (b) of section 35 throughout the period mentioned in the certificate; and

(b) if it specifies one or other of those conditions, but not both, as evidence of his falling within that subsection by virtue of having satisfied or being likely to satisfy one or other of those conditions throughout the period mentioned in the certificate.

(8) Where the Board has, before 6th April 1992, determined a question referred to them under section 105(3) and the decision is such that no award of attendance allowance could have been made on the basis of it, then in determining on or after 6th April 1992 any claim for, or application for a review of a decision relating to, attendance allowance to which the Board’s decision relates, an adjudication officer shall treat the decision of the Board, and any reasons given by the Board in support of their decision, as evidence that the person does not satisfy those requirements to which the decision relates.

(9) For the purposes of the provisions of Part III of the Act in so far as they relate to the review of decisions of adjudication officers, any certificate issued by the former Board shall, after 5th April 1992, be treated as a decision of an adjudication officer and as such shall be subject to review on the same grounds and in the same circumstances as decisions of adjudication officers.

(1)

Section 35(2) was amended by Article 3(2) of the Social Security (Northern Ireland) Order 1979 (S. I. 1979/396 (N. I. 5)) and paragraph 5(2) of Schedule 8 to the Social Security (Northern Ireland) Order 1989 (S. I. 1989/1342 (N. I. 13))

(2)

Section 35(1)(b) was substituted by Article 3(1) of the Social Security (Northern Ireland) Order 1988