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

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Payments of disability living allowance

26.—(1) This regulation applies to the payment of awards of disability living allowance where the award arises in accordance with Part II or III of these regulations.

(2) Subject to paragraphs (3), (4) and (5), where a person has an award of attendance allowance, mobility allowance or disability living allowance which—

(a)is payable by direct credit transfer in accordance with regulation 21 of the Claims and Payments Regulations; and

(b)is superseded by an award which is treated as made under Part II or III of these regulations,

the award mentioned in sub-paragraph (b) shall continue to be paid by direct credit transfer into the same bank or other account as the award which it superseded; and for this purpose, any application made or treated as made and any consent given or treated as given in relation to the terminated award shall be treated as made or given in relation to the award mentioned in sub-paragraph (b).

(3) Where a person—

(a)has two awards of disability living allowance; and

(b)those awards are paid separately, but into the same bank or other account, by direct credit transfer in accordance with regulation 21 of the Claims and Payments Regulations,

then those payments may at any time before 6th April 1993 be combined into one payment, equal to the aggregate of the two payments, payable by direct credit transfer into that account.

(4) Where a person has two awards of disability living allowance paid by direct credit transfer in accordance with regulation 21 of the Claims and Payments Regulations into different accounts, those payments may, with the consent of the Department, be made into such one bank or other account as the person to whom the payments are made may specify in a notice in writing to the Department.

(5) For the purposes of paragraph (3), any application made or treated as made and any consent given or treated as given in relation to a terminated or cancelled award shall be treated as made or given in relation to the award treated as having been made by virtue of these regulations.

(6) Where a person has an award of disability living allowance which is payable by direct credit transfer in accordance with regulation 21 of the Claims and Payments Regulations, any further award of disability living allowance made to that person shall be paid by direct credit transfer into the same bank or other account as the award first mentioned; and any application made or treated as made and any consent given or treated as given in relation to the award first mentioned shall be treated as made or given also in relation to the further award.

(7) Subject to paragraphs (8) to (14), where attendance allowance was payable to a person otherwise than by direct credit transfer, any disability living allowance arising in accordance with Part II of these regulations shall be payable on the day of the week on which attendance allowance was or would have been payable.

(8) Subject to paragraph (9), where mobility allowance was payable to a person otherwise than by direct credit transfer, any disability living allowance arising in accordance with regulation 8 shall be payable on Wednesdays.

(9) Where both attendance allowance and mobility allowance were payable to a person otherwise than by direct credit transfer, any disability living allowance payable in accordance with an award treated as made by virtue of these regulations shall be payable—

(a)from such date before 6th April 1993 as the Department may in any particular case determine—

(i)except in a case to which head (ii) applies, on Wednesdays, or

(ii)where in any particular case payment of attendance allowance was combined with the payment of another benefit and that benefit was payable on a day of the week other than Wednesday, the care component shall be payable on that day and the mobility component shall be payable on Wednesdays;

(b)until that day, the care component, shall be payable in the manner in which and at the time when attendance allowance was payable and, the mobility component shall likewise be payable in the manner in which and at the time when mobility allowance was payable.

(10) Where attendance allowance was payable to a person otherwise than by direct credit transfer and an award of the mobility component is made to that person, any award of disability living allowance treated as having been made by virtue of these regulations shall be payable, from such date before 6th April 1993 as the Department may in any particular case determine—

(a)except in a case to which sub-paragraph (b) applies, on Wednesdays; or

(b)where in any particular case payment of attendance allowance was combined with the payment of another benefit and that benefit was payable on a day of the week other than Wednesday, the care component shall be payable on that day and the mobility component shall be payable on Wednesdays.

(11) Where in accordance with this regulation payment of a person’s award of disability living allowance is changed to a Wednesday, and because of this change in pay day the interval between the first Wednesday pay day and the last previous pay day (referred to in this paragraph as “the relevant period”) is greater than it would have been but for that change, then the first Wednesday payment of disability living allowance shall include by way of adjustment an additional payment which is equal to the daily rate for the benefit or part of a benefit which is subject to that change, multiplied by a number determined by deducting from the number of days in the relevant period, the number of days which would have been in that period but for the change in pay days; and for the purposes of this paragraph the “daily rate” is an amount equal to one-seventh of the weekly rate, rounded up to the next penny.

(12) Where before 6th April 1992 a person has an award of attendance allowance and of mobility allowance and—

(a)those awards are paid in a different manner; and

(b)both awards are terminated or cancelled in accordance with Parts II and III of these regulations,

then as from 6th April 1992, the awards of disability living allowance shall be paid in accordance with paragraph (13).

(13) In cases to which this paragraph refers, disability living allowance shall be paid—

(a)from such date before 5th April 1993 as the Department may in any particular case determine—

(i)on the day, for the period and in the manner specified in an election made by that person and approved by the Department, or

(ii)where no such election is made within 4 weeks of a form of election being posted to that person, on Wednesdays by means of a benefit order book;

(b)until that date, on such days, at such intervals and in such manner as the former awards of attendance allowance and mobility allowance were paid.

(14) Where a person who has not attained the age of 65 on 6th April 1992—

(a)has claimed attendance allowance or disability living allowance and pursuant to that claim an award of attendance allowance was made after 2nd February 1992; or

(b)has applied for a review of a decision of the Board or the adjudication officer not to award attendance allowance and pursuant to that application an award of attendance allowance is made after 2nd February 1992,

and that award is for a period commencing before 6th April 1992, both the attendance allowance and any disability living allowance granted in place of the award of attendance allowance shall be payable at four weekly intervals on Wednesdays, unless in any particular case the Department arranges otherwise.

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