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

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Termination of awards of attendance allowance where beneficiary is aged 65 or over

6.—(1) This regulation applies where a person—

(a)has attained the age of 65 but not the age of 66, on 6th April 1992;

(b)makes a claim for the mobility component by virtue of Part IV or V of these regulations or of any regulation made under section 37ZD (persons 65 or over); and

(c)is entitled to attendance allowance on the day on which the claim is made.

(2) Where in connection with a claim such as is mentioned in paragraph (1)(b), an adjudicating authority makes an award of the mobility component, the person’s award of attendance allowance shall, if it has not already been terminated, terminate as from the day which immediately precedes the day on which the period of the award of the mobility component commences.

(3) Where a person whose award of attendance allowance has been terminated in accordance with paragraph (2) also has a further award of attendance allowance due to commence on the day following the day on which the first award would have ended but for paragraph (2), the further award shall be cancelled.

(4) A person whose award of attendance allowance has been terminated in accordance with paragraph (2) or cancelled in accordance with paragraph (3) shall be treated as having been awarded the care component for the period specified in paragraph (5).

(5) The period referred to in paragraph (4) commences on the day immediately following the day on which the award of attendance allowance is terminated in accordance with paragraph (2), and the award ends—

(a)except in a case to which sub-paragraph (b) applies, on the day on which the award of attendance allowance mentioned in paragraph (1)(c) would have ended but for paragraph (2); or

(b)where the person also had an award of attendance allowance to which paragraph (3) applies, on the day on which that award of attendance allowance would have ended but for paragraph (3).

(6) Regulation 3(4), (5), (6), (8), (9) and (10) shall apply to awards of the care component having effect under this regulation as they apply to awards having effect under that regulation but as if references to 6th April 1992 were references to the date on which the period of the award of the care component commenced.

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