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

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Claims for the care component treated as having been made

5.—(1) Paragraph (2) applies where—

(a)a person who—

(i)does not have an award of attendance allowance, or

(ii)does have an award of attendance allowance, but that award is due to expire before 6th April 1992,

makes a claim for attendance allowance, or an application in writing is made in accordance with section 104(2) for the decision to award or, as the case may be, not to award attendance allowance to him to be reviewed;

(b)the claim or application for a review is made after 2nd February 1992, or is made before 3rd February 1992 but has not been determined by that date; and

(c)at the time the claim or, as the case may be, the application for a review is determined, the person to whom the claim or application relates has not made a claim for disability living allowance.

(2) Where the adjudication officer who is determining the claim or application for a review such as is mentioned in paragraph (1) is satisfied that—

(a)the person does not satisfy the conditions of entitlement to attendance allowance; but

(b)solely on the evidence before him, and apart from the requirement that the person makes a claim for disability living allowance in the manner and within the time prescribed, the person would, as from 6th April 1992 or from such later date as the adjudication officer may in any particular case determine, satisfy the conditions of entitlement to the care component which qualify him for the lowest, but not the middle or highest, rate of that component,

a claim for the care component only shall be treated as having been made on 3rd February 1992, and an adjudication officer shall determine it.

(3) Where a person has before 3rd February 1992 applied to the Board for a decision given under section 105(3) or 106(1) to be reviewed, and the question arising thereon has not been determined by 3rd February 1992, then—

(a)if the Department is notified that the question is determined against that person; and

(b)at the time he is notified, that person has not made a claim for disability living allowance; but

(c)the Department is satisfied solely on the evidence before it, and apart from any requirement that he makes a claim for disability living allowance in the manner and within the time prescribed, that the person may nonetheless satisfy the conditions of entitlement to the care component which qualify him for the lowest, but not the middle or highest rate, of that component,

a claim for the care component only shall be treated as having been made on 3rd February 1992 and the Department shall refer that claim to an adjudication officer for his determination.

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