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

Reference to an adjudication officer

25.—(1) This regulation applies where, on or after 3rd February 1992, a disability appeal tribunal are determining an appeal which relates to a claim for attendance allowance or a disability appeal tribunal or a medical appeal tribunal are determining an appeal which relates to a claim for mobility allowance.

(2) Where the disability appeal tribunal or medical appeal tribunal are unable to make an award of the benefit claimed, but, solely on the evidence before them they are satisfied that the claimant may qualify for—

(a) where the claim relates to attendance allowance, the lowest of the three weekly rates of the care component prescribed under section 37ZB(3); or

(b) where the claim relates to mobility allowance—

(i) the lower of the two weekly rates of the mobility component prescribed under section 37ZC(10), or

(ii) the higher of those two weekly rates because he may fall within section 37ZC(1)(c) (entitlement to mobility component for the severely mentally impaired),

the disability appeal tribunal or medical appeal tribunal may refer to an adjudication officer the question of the claimant’s entitlement to disability living allowance.

(3) Where an adjudication officer has a question referred to him in accordance with paragraph (2), he shall treat—

(a) the claim for attendance allowance as being also a claim for disability living allowance relating solely to the care component; or

(b) the claim for mobility allowance as being also a claim for disability living allowance relating solely to the mobility component,

made on 3rd February 1992 and proceed to determine that claim in accordance with section 99(1).

(4) An award made in accordance with paragraph (3) may be for a period commencing on 6th April 1992 or on such later date as the adjudication officer may, in the circumstances of the particular case, determine.

(1)

Section 99 was amended by paragraph 4 of Schedule 5 to the Social Security (Northern Ireland) Order 1986 and paragraph 2 of Schedule 3 to the Social Security (Northern Ireland) Order 1989. See also Article 3(3) of the Social Security Adjudications (Northern Ireland) Order 1983