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

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Award of disability living allowance

3.—(1) Subject to paragraphs (3) to (10), a person whose award of attendance allowance is terminated in accordance with regulation 2 shall be treated as having been awarded the care component for a period commencing on 6th April 1992 and ending on the day on which the period of the award of attendance allowance would have ended but for regulation 2.

(2) Subject to paragraphs (3) to (10) and regulation 4, a person whose award of attendance allowance is cancelled in accordance with regulation 2 shall be treated as having been awarded the care component for a period commencing on whichever of the following dates is the latest, namely—

(a)6th April 1992;

(b)the date which precedes by 3 months the date on which the award of attendance allowance would have commenced but for regulation 2; or

(c)where on 6th April 1992 the person has an award of the care component by virtue of paragraph (1), the day following the day on which that award ends,

and ending on the date on which the award of attendance allowance would have ended but for regulation 2.

(3) Where the award of attendance allowance which has terminated or been cancelled in accordance with regulation 2 was made to a person in respect of a child who, on the date on which the award is terminated or cancelled, has not attained the age of 16 years, then that child, and not the person to whom the award was made, shall be treated for the purposes of paragraph (1) or (2) as having been awarded the care component.

(4) The weekly rate of disability living allowance payable by virtue of this regulation shall be—

(a)in the case of a person to whom attendance allowance was payable, immediately before the award was terminated in accordance with regulation 2, at the higher rate specified in paragraph 1 of Part III of Schedule 4 to the Act(1), the highest of the three weekly rates of the care component prescribed in accordance with section 37ZB(3);

(b)in the case of a person to whom attendance allowance was payable, immediately before the award of attendance allowance was terminated in accordance with regulation 2, at the lower rate specified in paragraph 1 of Part III of Schedule 4 to the Act, the middle of the three weekly rates of the care component prescribed in accordance with section 37ZB(3); or

(c)at the highest of the three weekly rates of the care component where the award which was cancelled in accordance with regulation 2 was to be payable at the higher rate of attendance allowance and at the middle of those rates where the award which was cancelled was to be payable at the lower rate.

(5) Where, immediately before 6th April 1992, a person had an award of attendance allowance but no benefit was payable under that award by virtue of regulations made under any provision mentioned in paragraph (6), benefit under the award of disability living allowance treated as made by virtue of this regulation shall likewise not be payable; but, subject to paragraphs (6) to (10), for any parts of the period during which those regulations do not apply in his case, disability living allowance shall be payable at—

(a)the highest of the three weekly rates prescribed under section 37ZB(3) if attendance allowance would, immediately before 6th April 1992, have been payable at the higher rate but for those regulations; or

(b)the middle of those weekly rates if attendance allowance would, immediately before 6th April 1992, have been payable at the lower rate but for those regulations.

(6) The provisions referred to in paragraph (5) are—

(a)section 35(6)(2) (persons for whom accommodation is provided under certain enactments);

(b)section 82(5) (persons abroad or undergoing imprisonment or detention in legal custody); or

(c)section 85(1)(3) (overlapping benefits).

(7) For the purposes of determining the weekly rate of disability living allowance payable to a person who has not attained the age of 16 such as is referred to in paragraph (3), paragraphs (4) and (5) shall apply as if he were the person to whom the attendance allowance was payable immediately before the award was terminated, or would have been payable if the award had not been cancelled, in accordance with regulation 2.

(8) Disability living allowance awarded in accordance with this regulation shall continue for the period of the award only for as long as the person to whom the award is treated as made continues to satisfy the conditions as to residence and presence in Northern Ireland prescribed under section 37ZA(6) and—

(a)in the case of a person to whom the care component is payable at the highest of the three weekly rates, also continues to satisfy the conditions mentioned in section 37ZB(1)(b) and (c); or

(b)in the case of a person to whom the care component is payable at the middle of the three weekly rates, also continues to satisfy one or other of the conditions mentioned in section 37ZB(1)(b) or (c).

(9) Subject to paragraph (10), paragraph (8) shall apply to a person who—

(a)before 6th April 1992, was entitled to an attendance allowance by virtue of section 35(1)(b) as enacted(4); and

(b)is awarded disability living allowance in accordance with this regulation,

as if section 37ZB(1)(c)(ii) were modified to read—

(ii)he requires continual supervision in order to avoid substantial danger to himself or others..

(10) Paragraph (9) shall not apply where the award of disability living allowance is reviewed in accordance with the provisions in Part III of the Act.

(1)

See Article 3(2) of S. R. 1991 No. 77

(2)

Section 35(6) was amended by Schedule 4 to the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991

(3)

Section 85(1) was amended by paragraph 29 of Schedule 4 to the Child Benefit (Northern Ireland) Order 1975 (S. I. 1975/1504 (N. I. 16))

(4)

Section 35(1)(b) was substituted by Article 3(1) of the Social Security (Northern Ireland) Order 1988 (S. I. 1988/594 (N. I. 2))

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