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

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Persons claiming mobility allowance

24.—(1) In this regulation, the expression “medical question” has the meaning it bore in regulation 53 of the Adjudication Regulations on 3rd February 1992.

(2) Any claim for mobility allowance made after 15th March 1992, or any application for a review of a decision made after 9th February 1992 relating to the medical question or otherwise to mobility allowance, shall be subject to adjudication in accordance with the provisions of the Act relating to disability living allowance, and the modifications, additions and exclusions set out in Section B of Part IV of the Adjudication Regulations shall be disregarded.

(3) Subject to paragraphs (4) to (14), where a claim for, or an application for a review of a decision relating to, mobility allowance, other than a claim or application for review mentioned in paragraph (2), has not been determined as at 6th April 1992, then that claim or application for review shall as from that date be subject to adjudication in accordance with the provisions in the Act relating to disability living allowance.

(4) Where a medical question arose on a claim or question to which paragraph (3) refers then, in determining that claim or question, the adjudication officer—

(a)shall have regard to any report received from the medical practitioner to whom the medical question has been referred;

(b)if the report from the medical practitioner to whom the medical question has been referred has not been received by the adjudication officer, may—

(i)subject to sub-paragraph (ii), await that report and have regard to it before determining the claim or application for review, or

(ii)where that report has not been received by the adjudication officer within 6 weeks of the question being referred to the medical practitioner, determine the claim or application for review without waiting for that report;

(c)where the medical question has been determined by a medical board before 6th April 1992, shall have regard to any report made by the medical board on that question;

(d)where the medical question has been referred to a medical board otherwise than on an appeal by the person claiming the allowance, but the medical board has not determined that question by 6th April 1992, shall consider the question as if—

(i)the reference had not been made, and

(ii)the provisions in section 115C(1) (references of claims to medical practitioners and the Disability Living Allowance Advisory Board) relating to disability living allowance applied also to the medical question;

(e)where the medical question has been referred to the medical board following an appeal by the person claiming the allowance but the medical board has not determined that question by 6th April 1992, shall consider the question as if—

(i)it were an application for a review under section 100A(1) (reviews of decisions by adjudication officers) of the decision appealed against, and

(ii)the provisions in section 115C relating to disability living allowance applied also to the medical question;

(f)where the medical question has been referred to a medical appeal tribunal, shall be bound by any decision given by the medical appeal tribunal on the matters to which it relates.

(5) No reference on a medical question to a medical board shall be made by an adjudication officer after 9th February 1992.

(6) Any medical question which would, but for paragraph (5), have been referred to a medical board shall be subject to adjudication in accordance with the provisions of the Act relating to disability living allowance, and for this purpose the medical question shall be determined as though it were a second tier adjudication.

(7) Any appeal on a medical question from a decision of a medical board which is made on or after 10th February 1992 shall be subject to adjudication in accordance with the provisions of the Act relating to disability living allowance and the provisions of Section B of Part IV of the Adjudication Regulations shall be disregarded.

(8) Section 100D(1) shall apply to the appeal mentioned in paragraph (7) as if the decision appealed against were the decision of an adjudication officer given on review under section 100A(1) and the appeal shall be to a disability appeal tribunal.

(9) Any medical question referred to a medical appeal tribunal which has not been determined by 6th April 1992 shall—

(a)where the person to whom the question relates so consents, continue to be heard by the medical appeal tribunal; or

(b)where he does not consent, be subject to adjudication in accordance with the provisions of the Act relating to disability living allowance, and for this purpose, the medical question shall be determined by a disability appeal tribunal and not by a medical appeal tribunal.

(10) Where a disability appeal tribunal is determining, in accordance with paragraph (9), a medical question which was considered by a medical appeal tribunal but adjourned with a request for further information or a report, then the disability appeal tribunal shall await the submission of that information or report but not for more than 3 months from the date the information or report was requested, and shall, if it is available, take it into account in determining the question before them.

(11) Any decision of an adjudication officer, a medical board or a medical appeal tribunal on a medical question may be reviewed at any time by an adjudication officer if—

(a)he is satisfied, in the case of a decision of a medical appeal tribunal by fresh evidence, that the decision was given in ignorance of, or was based upon a mistake as to, a material fact; or

(b)there has been a relevant change of circumstances since the decision was given.

(12) Section 104A(3), (4) and (6) to (9) shall apply to reviews under paragraph (11) as they apply to reviews under that section.

(13) Section 112A(2) (appeal etc. on question of law to Commissioner) shall have effect in relation to a decision of a medical appeal tribunal on a medical question subject to the modifications that in subsection (5A) as if for “a medical appeal tribunal” there were substituted “an adjudication officer” and as if subsection (5B) were omitted.

(14) Where the Commissioner returns a question to an adjudication officer in accordance with paragraph (13) section 100D(1) shall apply to the decision of the adjudication officer on that question as if it were a decision given by him on a review under section 100A(1).

(1)

Section 115C was inserted by paragraph 13 of Schedule 1 to the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991

(2)

Section 112A was inserted by paragraph 1 of Schedule 9 to the Social Security Act 1986 (c. 50) and amended by paragraph 9(2) of Schedule 3 to the Social Security (Northern Ireland) Order 1989

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