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

Claims for, and applications for reviews of decisions relating to, attendance allowance

4.—(1) Subject to paragraph (4), the replacement of attendance allowance by disability living allowance shall be disregarded in a case to which paragraph (2) or (3) applies.

(2) This paragraph applies in a case where a person—

(a) is under the age of 65 on 6th April 1992;

(b) has an award of attendance allowance which expires after 5th April 1992; and

(c) makes a claim for attendance allowance for a period commencing immediately after that award expires.

(3) This paragraph applies in a case where—

(a) a person is under the age of 65 on 6th April 1992;

(b) that person has an award of attendance allowance or is the subject of a decision given on a claim or an application for a review either not to award benefit or that the conditions of entitlement to attendance allowance were not satisfied; and

(c) an application for a review is made either—

(i) to an adjudication officer in accordance with section 104(2)(1) for the decision to award or, as the case may be, not to award benefit to be reviewed, or

(ii) to the Board in accordance with regulation 38(2) of the Adjudication Regulations for a decision of theirs given in accordance with section 105(3)(2) or 106(1)(3) (matters for determination by the Board), to be reviewed.

(4) Any award of attendance allowance made in accordance with this regulation shall be subject to the provisions of regulations 2 and 3.

(1)

See Article 3(3) of the Social Security Adjudications (Northern Ireland) Order 1983

(2)

Section 105(3) was amended by Article 3(3) of the Social Security (Northern Ireland) Order 1990 (S. I. 1990/1511 (N. I. 15))

(3)

Section 106(1) was amended by paragraph 10 of Schedule 5 to the Social Security (Northern Ireland) Order 1986, paragraph 13 of Schedule 7 to the Social Security (Northern Ireland) Order 1989 (S. I. 1989/1342 (N. I. 13)) and Article 3(4) of the Social Security (Northern Ireland) Order 1990