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

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Disability living allowance to replace mobility allowance

8.—(1) Subject to paragraph (4), a person whose award of mobility allowance terminates in accordance with regulation 7(a) shall be treated as having been awarded the mobility component—

(a)for a period commencing on 6th April 1992 and ending on the day on which the period of the award of mobility allowance would have ended but for regulation 7(a); or

(b)for life, where the award of mobility allowance was for, or had effect as if for, a period ending on the day before the day on which the person would have attained the age of 80.

(2) Subject to paragraph (4), a person whose award of mobility allowance is cancelled in accordance with regulation 7(b) shall be treated as having been awarded the mobility component—

(a)except where sub-paragraph (b) applies, for a period commencing on the date on which the award of mobility allowance would have commenced, and ending on the date on which that award would have ended, but for regulation 7(b); or

(b)where the award of mobility allowance was for a period ending with the day before the day on which the person would have attained the age of 80, for life, commencing on the date on which the award of mobility allowance would have commenced but for regulation 7(b).

(3) The weekly rate of disability living allowance payable by virtue of this regulation shall be the higher of the two weekly rates of the mobility component prescribed under section 37ZC(10).

(4) 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—

(a)to satisfy the conditions as to residence and presence in Northern Ireland prescribed under section 37ZA(6); and

(b)to satisfy, or to be deemed in accordance with Article 10(1) of the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977(1) (mobility component for certain persons eligible for invalid carriages) to satisfy, one of the conditions mentioned in section 37ZC(1)(a) to (c).

(1)

S. I. 1977/610 (N. I. 11); Article 10(1) was amended by paragraph 7 of Schedule 2 to the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991

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